June 2019

Summary Report: Federal and State Environmental Regulations and Voluntary

Programs in Place to Address CERCLA Hazardous Substances at Facilities in the Electric Power

Generation, Transmission, & Distribution Industry

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TABLE OF CONTENTS

Table of Contents ............................................................................................................................. i Introduction ..................................................................................................................................... 1

Methodology ................................................................................................................................... 2

Summary ......................................................................................................................................... 6

Section I. Federal and State Environmental Regulations .............................................................. 10

A. Air Pollution ................................................................................................................. 11

B. Water Pollution ............................................................................................................ 18

C. Emergency Planning and Response ............................................................................. 24

D. Hazardous Substances Management ............................................................................ 34

E. Hazardous and Non-Hazardous Waste Disposal and Management ............................. 42

F. Effectiveness of Federal and State Environmental Regulations ................................... 50

Section II. Industry Voluntary Programs ...................................................................................... 57

A. Programs Summary ...................................................................................................... 57

B. Effectiveness of Industry Voluntary Programs ............................................................ 62

Appendix I. State Sample Methodology ....................................................................................... 72

Coal-Fired Utility Plants ................................................................................................... 72

Appendix II. Federal Environmental Regulations ........................................................................ 77

Table A. Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities ......................................................................... 78

B. Federal Environmental Regulations Relevant to Nuclear Power Generation Facilities......................................................................................................................................... 147

Appendix III. State Environmental Regulations ......................................................................... 150

Table A. Florida: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ............................................................................................ 151

Table B. Illinois: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ....................................................................................................... 165

Table C. Indiana: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ............................................................................................ 180

Table D. Iowa: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ....................................................................................................... 188

Table E. Kentucky: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ............................................................................................ 202

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Table F. Michigan: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ............................................................................................ 209

Table G. Minnesota: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ............................................................................................ 228

Table H. Missouri: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ............................................................................................ 244

Table I: North Carolina: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities .............................................................................. 257

Table J. Ohio: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ....................................................................................................... 269

Table K. Pennsylvania: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ............................................................................................ 277

Table L. Texas: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ....................................................................................................... 285

Table M. Wisconsin: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities ............................................................................................ 294

Appendix IV. Industry Voluntary Programs ............................................................................... 318

Table A. Industry Voluntary Programs Relevant to Fossil Fuel Electric Power Generation Facilities .......................................................................................................................... 319

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INTRODUCTION

Section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, establishes certain regulatory authorities concerning financial responsibility requirements. Specifically, the statutory language addresses the promulgation of regulations that require classes of facilities to establish and maintain evidence of financial responsibility consistent with the degree and duration of risk associated with the production, transportation, treatment, storage, or disposal of hazardous substances. On July 28, 2009, the U.S. Environmental Protection Agency (EPA) identified hardrock mining facilities as the initial class of facilities that would be subject to financial assurance requirements under CERCLA 108(b).1 In the same notice, EPA stated its belief that additional classes of facilities may also warrant the development of financial responsibility requirements and states that EPA would publish an additional notice by December 2009, identifying additional classes of facilities it plans to evaluate regarding the development of financial responsibility requirements. On January 6, 2010, EPA identified three additional classes of facilities for which EPA would develop, as necessary, financial responsibility regulations: the electric power generation, transmission, and distribution industry (North American Industry Classification System (NAICS) 2211); the petroleum and coal products manufacturing industry (NAICS 324); and the chemical manufacturing industry (NAICS 325).2

This report only covers the electric power generation, transmission and distribution industry, and not the other 2 additional classes named in the January 2010 Notice, which are examined in separate reports. It has been prepared for purposes of supporting EPA’s consideration of this industry for potential regulation. As part of EPA’s research into financial assurance regulations for the electric power generation, transmission and distribution industry, EPA is evaluating the existing environmental regulatory framework at the federal and state levels, as well as industry voluntary programs that address CERCLA hazardous substance management, disposal, and release prevention, mitigation, and response.

This document first describes the methodology EPA followed in conducting the review of relevant federal and state environmental regulations and industry voluntary programs and the resulting conclusions. Section I summarizes the information on federal and state environmental regulations relevant to CERCLA hazardous substances at facilities within the electric power generation, transmission, and distribution industry. The section categorizes regulations according to the release vector that the regulations address: air pollution; water pollution; emergency planning and response; and hazardous substances management; as well as hazardous and non-hazardous waste disposal and management. Next, Section II of the report describes a suite of 1 74 FR 37213. 2 75 FR 3.

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industry voluntary programs in which the electric power generation, transmission and distribution industry facilities may participate that supplement and work in conjunction with the regulatory regime. Each of the sections on federal and state regulations and industry voluntary programs include a review of the available literature on the regulations and/or voluntary programs’ effectiveness at preventing releases and mitigating the harm that may result from releases. Finally, attached to the report are four appendices. The first appendix discusses the methodology EPA used to generate a sample of states from which EPA collected environmental regulatory information relevant to fossil fuel electric power generation facilities. The final three appendices are tables that provide comprehensive summaries of the federal and state regulations and the industry voluntary programs that EPA located in its review.

METHODOLOGY

EPA’s methodological approach focused on identifying environmental regulations at both the federal and state level that address the production, transportation, treatment, storage, or disposal of hazardous substances at electric power generation, transmission, and distribution facilities. Also included in the methodology was a review of voluntary programs intended to complement environmental regulations, in which these same electric power facilities participate.

Within the electric power generation, transmission and distribution industry, EPA reviewed several information sources including the code of federal regulations,3 the Federal Register,4 state administrative codes, federal and state governmental resources, Risk Management Plans (RMPs) for relevant facilities, and academic literature.

The U.S. Census Bureau lists ten 6-digit NAICS subsectors within the electric power generation, transmission and distribution industry:

• hydroelectric power generation (NAICS 221111); • fossil fuel electric power generation (NAICS 221112) • nuclear electric power generation (NAICS 221113); • solar electric power generation (NAICS 221114); • wind electric power generation (NAICS 221115); • geothermal electric power generation (NAICS 221116); • biomass electric power generation (NAICS 221117); • other electric power generation (NAICS 221118); • electric bulk power transmission (NAICS 22121); and

3 The 2018 Code of Federal Regulations can be accessed at: https://www.gpo.gov/fdsys/browse/collectionCfr.action?selectedYearFrom=2018&go=Go. 4 The Federal Register can be accessed at: https://www.federalregister.gov/.

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• electric power distribution (NAICS 22122).5

In the following Summary section, we provide a brief overview of specific federal legislation and agencies relevant to these industries. All these subsectors are subject to the breadth of U.S. federal legislation and regulations. Of these, the relevant environmental regulations are summarized in more detail within Section I of this report. Environmental regulations relevant to the electric power generation, transmission and distribution industry include the Clean Air Act (CAA), the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA).

Regarding relevant state regulations, however, EPA narrowed the scope of its review from the entire electric power generation, transmission, and distribution industry, to that of the fossil fuel electric power generation subsector. EPA’s research into financial assurance regulations for the electric power generation, transmission and distribution industry included collecting information about damage cases that occurred at the electric power generation, transmission and distribution industry sites. EPA focused its state review on fossil fuel electric power generation facilities because it observed the largest number of damage cases at sites in this subsector. EPA’s review of damage cases included the identification of CERCLA National Priorities List (NPL) and Removal sites, as well as proven Coal Combustion Residual (CCR) damage cases.6 Damage cases were identified in only five of the ten subsectors within electric power generation, transmission, and distribution industry. EPA observed a total of four NPL sites and one Superfund Alternative Approach (SAA) site in the nuclear, fossil fuel, and hydroelectric power generation subsectors.7,8 and 24 CERCLA Removal sites in those three subsectors and at facilities in the bulk electric power transmission and distribution subsectors.9 With respect to CCR damage cases, however, EPA identified 40 “proven CCR damage cases” and over 100

5 “2012 NAICS: 2211 – Electric power generation, transmission, and distribution,” U.S. Census Bureau, accessed March 26, 2019 at: https://www.census.gov/econ/isp/sampler.php?naicscode=2211&naicslevel=4. 6 Coal Combustion Residuals (CCRs) are a large quantity category of waste generated by Coal-Fired Electric Power Generation Plants within the Fossil Fuels subsector (NAICS 221112). CCRs are addressed in further detail later under Section I of this report. 7 A “Superfund Alternative Approach (SAA) site” is a cleanup site that has a SAA agreement in place. The SAA uses the same investigation, cleanup process and standards that are used for NPL sites but can potentially save the time and resources associated with listing a site on the NPL. To qualify as a SAA site, the site must have contamination significant enough to be eligible for NPL listing and have a PRP capable of performing the cleanup. 8 Identification and Evaluation of National Priority List (NPL) Sites, Superfund Alternative Approach (SAA) sites and Coal Combustion Residual (CCR) Cleanup Cases in the Power Generation, Distribution, and Transmission Sector (NAICS 2211), USEPA, April 2019. 9 EPA, “Identification and Evaluation of CERCLA 108(b) Power Generation, Transmission, and Distribution (NAICS 2211) non-National Priority List (NPL) Removal Sites”

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additional “potential CCR damage cases” at coal-fired power plants.10 EPA included the 40 CCR damages cases as part of the agency’s evaluation. Because of the large number of damage cases associated with fossil fuel electric power generation sites relative to the other subsectors in electric power generation, transmission, and distribution industry, as well as the variability in state regulations of CCR facilities, EPA decided that a closer examination of state environmental regulations relevant to fossil fuel facilities under fossil fuel electric power generation was appropriate.11

To summarize the state regulatory framework relevant to fossil fuel electric power generation facilities, EPA first generated a sample of states representative of the geographic distribution of fossil fuel power plants that contains over 50 percent of the facilities in the United States. The state sample comprises: Pennsylvania, Michigan, Indiana, Illinois, Missouri, Texas, Kentucky, Iowa, Ohio, Wisconsin, Florida, Minnesota, and North Carolina.12

In its review of federal and state regulation and in this resulting summary report, EPA attempts to provide a comprehensive account of federal and state regulations relevant to electric power generation, transmission and distribution industry facilities. The following section on federal and state environmental regulations categorizes regulations according to the release vector that the regulations seeks to address:

• Air pollution regulations;

• Water pollution regulations;

• Emergency planning and response regulations;

• Hazardous substance management regulations;

• Hazardous and non-hazardous waste management and disposal regulations.

Section II summarizes information on industry focused voluntary programs that were identified by EPA through a review of facility RMPs, publicly available material, and academic literature. These voluntary programs highlight programs in which electric power generation, transmission and distribution industry facilities may participate in. This section of the report focuses on providing descriptions of the kinds of voluntary programs available to facilities for purposes of improving their environmental performance. Voluntary programs are frequently open to participation regardless of a firm’s industrial affiliation. Many of the voluntary programs described in this report are similarly open to broad participation and therefore available to all

10 EPA, Damage Case Compendium for the Final 2015 CCR Rule: Technical Support Document, Volumes I-V, December 18, 2014. 11 For the variability of state CCR regulations, see L. Evans, M. Becher, and B. Lee, “State of Failure: How States Fail to Protect Our Health and Drinking Water from Toxic Coal Ash,” EarthJustice and Appalachian Mountain Advocates, August 2011. 12 Appendix I provides a complete description of the methodology EPA used to generate this sample.

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facilities within the electric power generation, transmission and distribution industry, without restriction based on a facility’s subsector classification. Where identified, information is also included on voluntary programs that target specific subsectors, with added attention to programs of direct relevance to the fossil fuel power generation industry.

Each of the sections includes a discussion of the effectiveness of the relevant regulatory regime and industry voluntary programs. These subsections on effectiveness rely heavily on reviews of academic literature and government publications. As it is difficult to find evaluations of specific federal and state regulations and industry voluntary programs, the report takes a broader approach to key questions about regulation and program effectiveness, looking at categories of regulations and programs and drawing connections between regulations and programs where a body of literature exists.

This document reviews only the existing framework of federal and state environmental regulations and industry voluntary programs themselves, without interpretation of outcomes. Before the promulgation of modern environmental laws and industry standards, all releases – even direct discharge of CERCLA hazardous substances into the local environment – did not constitute illegal discharges. However, this document does not endeavor to develop a formal risk assessment of facilities operating in the electric power generation, transmission, and distribution industry, and does not attempt to assess the impact of such regulations subsequent to their enactment. Although environmental regulations establish a set of minimum standards, compliance with those regulations varies by individual facilities. This profile is a review of legally prescribed and industry recommended practices, rather than facility operations. For example, the existence of an industry program intended to establish facility protocols for release response does not provide any information about the level of participation in the program. The regulatory regimes in which facilities operate and the industry voluntary programs in which facilities may participate are not directly predictive of actual facility practices, and therefore are not determinative of the risk of releases.

Additionally, this document does not endeavor to describe or prescribe gaps in the existing regulatory framework relevant to the electric power generation, transmission and distribution industry. This report reviews the relevant current regulations and a sampling of academic literature on their effectiveness but does not attempt to identify any areas of concern that the current regulations may not address.

Finally, this industry is subject to an extensive framework of energy generation regulations, which this report does not consider. This document also does not include any discussion of financial assurance regulations of relevance to the power generation industry that may exist separate from those that are required under specific environmental regulations. For example, some environmental regulations such as RCRA and CERCLA include financial assurance statutes, and those are discussed in the sections that follow. A separate review of existing financial assurance regulations was however conducted in support of this rulemaking, and this

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separate report is available as a background document within the docket for this rulemaking.13 Power generation facilities are also subject to local, municipal, and/or county environmental regulations, in addition to state and federal environmental regulations. EPA did not collect regulatory information at any level below that of the states, so this report does not include information about any such potentially relevant local regulations.

SUMMARY

The federal and state environmental regulations and industry voluntary programs relevant to facilities in the electric power generation, transmission, and distribution industry are briefly summarized here and are covered in more detail later in this report.

• Federal air pollution regulations are promulgated by EPA largely under the authority of the 1970 Clean Air Act (CAA) and its subsequent amendments; they establish emissions standards by pollutant – primarily carbon monoxide, lead, particulate matter, ozone, nitrous dioxide, and sulfur dioxide – and by facility type.

• The 1972 Clean Water Act (CWA) generated the modern water pollution regulatory regime. Under CWA, EPA has implemented pollution control measures, including federal water quality standards and industry wastewater and Effluent Limitation Guidelines (ELGs). These regulations set standards for wastewater discharge on an industry-specific basis, identifying key processes and materials to regulate within each industry. Additionally, the 1972 CWA established the National Pollutant Discharge Elimination System (NPDES) permit program, which controls point source discharges to surface water.

• Emergency planning and response regulations focus on workplace safety and preparedness and environmental protection and response. The Occupational Safety and Health Act of 1970 created the Occupational Health and Safety Administration (OSHA) within the Department of Labor, and OSHA has issued regulations on safety and health standards, emergency action plans, and emergency response standards for facilities that handle hazardous materials or waste. EPA enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980; it is the primary statute for promulgating emergency planning and response regulations. CERCLA regulations address community notification of the presence of hazardous substances, and response, liability, cleanup, and closure for releases and threatened releases.

• The federal hazardous substances management regulatory regime comprises regulations that EPA implemented pursuant to the 1976 Toxic Substances Control Act (TSCA),

13 See Summary Report, Review of Existing Financial Responsibility Laws Potentially Applicable to Classes of Facilities in the Electric Generation, Transmission, and Distribution Industry (NAICS 2211), the Petroleum and Coal Products Manufacturing Industry (NAICS 324), and the Chemical Manufacturing Industry (NAICS 325), May 2019.

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OSHA’s process safety management (PSM) standards, and the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA)’s pipeline and transportation regulations under the authority of the Natural Gas Pipeline Safety Act of 1968 and the 1975 Hazardous Material Transportation Act and their amendments. TSCA regulations cover hazardous substance designation, recordkeeping, and reporting. TSCA and its amendments also established programs for the management of specific toxic substances. Of particular relevance to the electric power generation, transmission and distribution industry facilities are the programs that target PCBs, asbestos, and mercury, because of how often those contaminants are present at electric power generation, transmission and distribution industry damage case sites. OSHA regulations address workplace safety and contingency analysis. The PHMSA regulations impose packaging and operational standards for hazardous substances transporters.

• Hazardous waste disposal and management regulations are largely promulgated under the authority of the 1976 Resource Conservation and Recovery Act (RCRA) and its subsequent amendments. Subtitle C of RCRA establishes “cradle to grave” regulations that apply to the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA operates through permitting programs applicable to hazardous waste generators, transporters, and disposal (treatment, storage and disposal (TSD)) facilities. The TSD permitting programs set technical standards by facility and storage or disposal type, have phased out the land disposal of hazardous waste, require facilities to record and report the hazardous waste they receive, and remain in effect through closure and post-closure periods, so long as hazardous waste is present at a facility. Other generators are also required to record and report the hazardous waste they generate.

• While Subtitle C of RCRA regulates the disposal of hazardous waste, Subtitle D of RCRA – along with the 1980 Solid Waste Disposal Amendments (SWDA) – establishes disposal regulations for nonhazardous solid wastes. Rather than regulating CCR as a hazardous waste, EPA has promulgated rules for coal combustion residual (CCR) disposal under RCRA Subtitle D. The 2015 CCR Rule sets technical requirements for CCR landfills and surface impoundments that address risks related to ground water and airborne contamination, and the catastrophic failure of impoundments.

• State regulations incremental to federal regulations relevant to fossil fuel electric generation facilities primarily focus on air pollution, as well as on the management and disposal of CCR wastes. Specifically, states set air emission standards for emissions other than the six criteria pollutants regulated under the CAA, such as mercury, volatile organic compounds, and visible air emissions. States also promulgate regulations that cover air pollution emergency episodes, under which sources must generate and follow abatement plans. Some states, such as Wisconsin, have issued emission limitation and technology standards for facilities constructed before the implementation of federal new source requirements; those sources are exempt from the federal source performance standards.

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EPA has delegated some states the primary responsibility of implementing RCRA programs, through state authorization. Some authorized states require more stringent rules for specific substances and operational practices. Some states with authorized RCRA programs have also required more stringent rules for specific substances and operational practices. CCR-related requirements are an example of this, with more than half of the U.S. states having implemented some form of their own CCR-related monitoring, design/siting, and/or inspection requirements (beyond those called for at the federal level, prior to promulgation of the 2015 CCR Rule).

• Industry voluntary programs relevant to electric power generation, transmission and distribution industry facilities largely fall into one of three categories: those sponsored by federal, state, or local governmental agencies; those fostered within industry trade associations or nongovernmental organizations, and those implemented by individual industry firms. Some of the programs set discharge, emissions, and safety standards that facilities may follow that supplement federal and state standards, comply with additional international standards, or may come with a certification from the government agency or industry group that promulgates the standards. Other programs solicit reporting on emissions or other data in order to publish industry performance reports. These programs have achieved successes at reducing pollution emissions through targeted goals and the diffusion of environmental management technology.

• Fossil fuel electric power generation facilities are among the largest sources of air pollution in the United States.14 Fossil fuel power plants emit large quantities of pollutants like sulfur dioxide and nitrogen oxides that are greenhouse gases and contribute to acid rain. As a result, the available literature on the federal and state regulatory regime largely focuses on the effectiveness of air pollution regulations. Overall, the literature finds that increasing emissions regulations have been effective at reducing air pollutant concentrations, particularly those regulations that end exemptions for older facilities and require those facilities to install new pollution control technology.

• Although this report does not address regulations relevant to nuclear power facilities in detail, the Nuclear Regulatory Commission (NRC) promulgates and implements regulations for nuclear power plants, nuclear reactors, and radioactive waste. NRC regulations relevant to release prevention include requirements for diverse and redundant barriers, safety programs, operator training programs, and testing and maintenance activities. NRC also employs inspectors to oversee industry compliance with those

14 Over 30% of greenhouse gases emitted in the U.S., and roughly 40 percent of the carbon dioxide produced in the U.S., come from electric power plants (and predominantly from that of coal-fired power plants). From Article by S. Bromley, “Air Pollution Caused by Industries”, January 26, 2019.

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regulations. Appendix II.B. provides more information about environmental regulations specifically relevant to nuclear power facilities.

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SECTION I. FEDERAL AND STATE ENVIRONMENTAL REGULATIONS

Five principal federal environmental laws form the basis of the environmental requirements for fossil fuel electric power generation facilities: CAA, CWA, TSCA, RCRA, and CERCLA. These landmark pieces of legislation from the 1970s enabled federal agencies to implement a nationwide regulatory framework of environmental protection. Below, EPA has summarized these pieces of legislation, their amendments, and the regulations federal agencies have promulgated under their authority that are relevant to facilities in the electric power generation, transmission, and distribution industry.

In many cases, states adopt federal regulations or incorporate them by reference into state administrative codes. In other cases, states have promulgated their own regulatory regimes that expand on or are more stringent than analogous federal regulations or implement standalone state regulations. EPA has included key, industry-relevant state regulations from a sample of states representative of the geographic distribution of fossil fuel electric power generation facilities in the following subsections.15

EPA and other federal agencies often delegate the implementation and enforcement of environmental statutes to state regulatory agencies (or local or tribal governments), provided that the state agency demonstrates that it has adequate legal authority and resources to carry out implementation and enforcement.16 The regulatory descriptions in the subsections, below, discuss state implementation of federal regulations that federal agencies have delegated to state agencies, and state-specific regulations that state agencies promulgated, themselves. This report focuses on instances when the scope of state’s implementation of federal regulations, or standalone state regulations, creates a more stringent regulatory framework for the relevant facilities.

The following five subsections below describe federal and state regulations relevant to facilities in the electric power generation, transmission, and distribution industry, categorized by the focus of the regulations: air pollution, water pollution, emergency planning and response, hazardous substance management, and hazardous waste management and disposal. Each subsection first describes the relevant federal regulations of broad applicability to the entire electric power generation, transmission and distribution industry. This is followed by information that indicates where key state regulations pertaining to the fossil fuel subsector may deviate from federal regulations, from among the sample of states that EPA reviewed. The final subsection is the result of a review EPA conducted of governmental and academic literature on the effectiveness

15 EPA collected information on state regulations from a representative sample of states. For a description of EPA’s methodology to determine the representative sample of states, see Appendix I. For a comprehensive summary of the relevant state regulations that EPA located, see Appendix III. 16 See, for example, “Delegation of Clean Air Act Authority,” EPA, accessed September 18, 2018 at: https://www.epa.gov/caa-permitting/delegation-clean-air-act-authority.

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of federal and state regulations in CERCLA hazardous substance management, disposal, and release prevention, mitigation, and response.

A. Air Pollution

The 1970 CAA authorized the promulgation of emissions standards for both stationary and mobile sources through federal and state regulations. It also created three major federal regulatory programs that affected stationary sources of air pollution: National Ambient Air Quality Standards (NAAQS), New Source Performance Standards (NSPS), and National Emission Standards for Hazardous Air Pollutants (NESHAPs). Major amendments to the CAA were passed in 1977 and 1990. The 1977 amendments focused on attainment and maintenance of the NAAQS at the state, local, and tribal level, while the 1990 amendments expanded the NESHAPs and NAAQS programs and established permit program requirements and provisions regarding the stratospheric ozone.17

While air emissions tend not to be directly implicated in the types of damage cases that ultimately warrant a CERCLA response or other remedial activities that are the focus of the rulemaking under consideration, air pollution regulations are still being considered in this report to characterize the over-arching regulatory framework relevant to the electric power generation, transmission, and distribution industry. Further, some programs introduced under the authority of the CAA, such as the Chemical Accident Prevention Provisions, are also directly relevant to reporting and response requirements more broadly applicable to releases of hazardous substances.

1. Clean Air Act (1970) – National Ambient Air Quality Standards

National Ambient Air Quality Standards (NAAQS) apply to six common air pollutants, also called “criteria air pollutants”: carbon monoxide, lead, particulate matter, ozone, nitrous dioxide, and sulfur dioxide. Under the CAA, the EPA must review and, if necessary, revise the NAAQS for each of the criteria air pollutants at five-year intervals. The standards for nitrogen oxides and sulfur oxides were last updated in 2010, for carbon monoxide in 2011, for particulate matter in 2012, for lead in 2014, and for ozone in 2015. The CAA also required the creation of two kinds of air quality standards under NAAQS: primary standards to protect the health, and secondary standards to protect plants, forests, crops, and materials from damage due to exposure to air

17 “Evolution of the Clean Air Act,” EPA, accessed September 19, 2018 at: https://www.epa.gov/clean-air-act-overview/evolution-clean-air-act.

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pollutants.18 EPA promulgated the regulations that created NAAQS on November 25, 1971; the regulations can be found at 40 CFR Part 50.19

2. Clean Air Act (1970) – New Source Performance Standards

The National Source Performance Standards (NSPS) program established air emissions standards for newly constructed stationary source facilities or industrial features at such facilities. Standards vary by facility and EPA promulgated separate standards by facility type in separate rulemakings, beginning with the regulations that implemented NSPS on December 23, 1971 in 40 CFR Part 60.20

For example, EPA promulgated NSPS standards relevant to fossil fuel electric power generation facilities in 40 CFR Part 60, Subparts Da and UUUU. EPA published Subpart Da on June 11, 1979, which addresses emissions from electric utility steam generating units. NSPS for electric utility steam generating units regulate particulate matter, nitrogen oxides, and sulfur dioxides. NSPS under Subpart Da have been updated as recently as February 16, 2012, and EPA issued a new proposed NSPS for electric utility steam generating boiler units on February 17, 2015 that has not yet been finalized.21

NSPS that regulate greenhouse gas emissions for electric utility generating units are located in Subpart UUUU. EPA published the rule on October 23, 2015. The NSPS under this subpart sets standards on emissions of greenhouse gases from electric generating units.22

The 1977 amendments to the CAA created the New Source Review (NSR) permitting program.23 The NSR permits are intended to ensure new sources comply with NAAQS. The program requires newly built or modified factories, industrial boilers, and power plants to acquire NSR permits. The program sets guidelines for three kinds of NSR permits, which comprise: Prevention of Significant Deterioration (PSD) permits; Nonattainment NSR permits; and Minor NSR permits. PSD permits are for new major sources in areas that meet NAAQS, Nonattainment NSR permits are for new major sources or source modifications in areas that do not meet 18 “Reviewing National Ambient Air Quality Standards (NAAQS): Scientific and Technical Information,” EPA, accessed September 19, 2018 at: https://www.epa.gov/naaqs#self; “National Ambient Air Quality Standards,” California Air Resources Board, accessed September 19, 2018 at: https://ww2.arb.ca.gov/resources/national-ambient-air-quality-standards. 19 36 FR 22384. 20 36 FR 24877. 21 44 FR 33579; “Electric Utility Steam Generating Units (Boilers): New Source Performance Standards,” EPA, accessed September 19, 2018 at: https://www.epa.gov/stationary-sources-air-pollution/electric-utility-steam-generating-units-boilers-new-source 22 80 FR 64941. 23 “Evolution of the Clean Air Act,” EPA, accessed September 19, 2018 at: https://www.epa.gov/clean-air-act-overview/evolution-clean-air-act.

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NAAQS, and Minor NSR permits are for minor emissions sources. The program was published in 40 CFR Parts 49 and 52.24

3. Clean Air Act (1970) – National Emission Standards for Hazardous Air Pollutants

EPA initially implemented NESHAPs with the publication of the rule on April 6, 1973 in 40 CFR Part 61.25 Upon its implementation in 1973, NESHAPs set approval and compliance monitoring standards for sources of substances defined as hazardous air pollutants: asbestos, beryllium, and mercury.26 EPA expanded the definition of hazardous pollutants to include vinyl chloride in 1975,27 benzene in 1977,28 radionuclides in 1979,29 inorganic arsenic in 1980,30 and coke oven emissions in 1984.31 In the mid-1980s, EPA amended NESHAPs under 40 CFR Part 61 to consider a suite of substances that are not defined as hazardous air pollutants, but that the EPA has identified as potential causes of serious health effects from ambient air exposure. NESHAPs require facility operators to apply for approval for the construction of sources of hazardous air pollutants and monitor the performance of the source after construction.32

The 1990 CAA amendments expanded NESHAPs so that like NSPS, the NESHAPs program established emissions standards by facility type through separate EPA rulemakings under 40 CFR Part 63. EPA implemented the rule under which it promulgated facility specific standards on December 29, 1992.33 For example, NESHAPs relevant to fossil fuel electric power generation facilities include Subpart UUUUU which establishes standards for coal- and oil-fired electric utility steam generating units, most recently published on February 16, 2012. The subpart sets standards at fossil fuel electric power generation facilities for a suite of pollutants, including particulate matter, antimony, arsenic, cadmium, cobalt, lead, manganese, nickel, selenium, hydrogen chloride, sulfur dioxide, beryllium, hydrogen fluoride, and mercury emissions.34 Also called the Mercury and Air Toxics Standards (MATS), Subpart UUUU implements Maximum

24 36 FR 22398; “New Source Review Laws & Statutes,” EPA, accessed September 19, 2018 at: https://www.epa.gov/nsr/new-source-review-laws-statutes. 25 38 FR 8826. 26 36 FR 5931. 27 40 FR 59532. 28 42 FR 29332. 29 44 FR 76738. 30 45 FR 37886. 31 49 FR 36560. 32 “National Emissions Standards for Hazardous Air Pollutants Compliance Monitoring,” EPA, accessed September 19, 2018 at: https://www.epa.gov/compliance/national-emission-standards-hazardous-air-pollutants-compliance-monitoring. 33 57 FR 61992. 34 77 FR 9464.

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Achievable Control Technology (MACT) standards, which require facilities to meet air pollution standards for hazardous air pollutants reflecting the application of the most effective pollution control technologies that are already in use in their industry.35 Under MATS, existing sources had four years (until 2016) to comply with technology requirements, which comprise the standard three year compliance time under the CAA and one additional year that state permitting authorities can grant to facilities for technology installation.36

4. Clean Air Act (1990 Amendments) – Acid Rain Program

On January 11, 1993, EPA published regulations that created the Acid Rain Program (ARP) in 40 CFR Parts 72-78, under the authority of Title IV of the 1990 CAA amendments.37 The program took effect in 1995. The ARP requires major emissions reductions of sulfur dioxide and nitrogen oxides from electric generating units. Emissions caps for sulfur dioxide are enacted through a cap and trade system and were phased in for the power generation industry, with the most recent and final cap set in 2010 at approximately 50 percent of the sulfur dioxide emissions level from 1980. Nitrogen oxide emission reductions for coal-fired electric generation facilities are enacted through a rate-based regulatory system.38

5. Clean Air Act (1990 Amendments) – Chemical Accident Prevention Provisions

Through a January 31, 1994 preliminary rulemaking, EPA introduced the Chemical Accident Prevention Provisions, published in 40 CFR Part 68. These regulations set guidance for the prevention and detection of accidental releases of hazardous substances from stationary sources. While they set standards for the use, operation, and maintenance of monitoring equipment, they also require regulated facilities to submit Risk Management Plans (RMPs) if the facilities handle hazardous substances over certain thresholds. EPA published the final rule on June 20, 1996, and the provisions became effective June 21, 1999.39

6. Clean Air Act (1990 Amendments) – Greenhouse Gas Reporting Program

On October 30, 2009, EPA established the Greenhouse Gas Reporting Program (GHGRP) when it published a rule for the mandatory reporting of greenhouse gases from sources that emit 25,000 metric tons or more of carbon dioxide equivalent per year in the United States. EPA

35 57 FR 61992. 36 “Basic Information about Mercury and Air Toxics Standards,” EPA, accessed September 19, 2018 at: https://www.epa.gov/mats/basic-information-about-mercury-and-air-toxics-standards. 37 58 FR 3650. 38 “Acid Rain Program,” EPA, accessed September 19, 2018 at: https://www.epa.gov/airmarkets/acid-rain-program. 39 59 FR 4493; 61 FR 31668.

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implemented the GHGRP under the authority of CAA sections 114 and 208. GHGRP regulations can be found at 40 CFR Part 98.40

Reporting under the GHGRP occurs at the facility level. Each facility submits an annual report that includes data collected for the previous calendar year. The regulation applies to direct greenhouse gas emitters, fossil fuel suppliers, industrial gas suppliers, and facilities that practice underground carbon dioxide injection. Reporting requirements under the GHGRP cover 8,000 facilities that produce approximately 50 percent of the total greenhouse gas emissions in the United States. The GHGRP currently applies to facilities in 41 industrial categories; for calendar year 2010, it applied to 29 categories; 12 additional categories were required to report in 2011. EPA publishes the publicly available data that result from GHGRP reporting.41

Greenhouse gas reporting regulations relevant to fossil fuel electric power generation facilities are in 40 CFR Part 98, Subpart D. Fossil fuel electric power generation facilities started reporting their greenhouse gas emissions under the GHGRP in 2010.42

7. Clean Air Act (1990 Amendments) – Cross-State Air Pollution Rule

EPA has also promulgated rules that address air pollution from upwind states that crosses state lines and affects the air quality in downwind states through the Cross-State Air Pollution Rule (CSAPR). EPA promulgated the final version of the rule on July 6, 2011 in 40 CFR Part 97. CSAPR replaced the 2005 Clean Air Interstate Rule following the direction of a 2008 court decision. CSAPR requires power plants in the eastern half of the United States to reduce emissions that cross state lines to maintain NAAQS in downwind states. EPA revised CSAPR on September 7, 2016 to update the ozone season nitrous oxide standards.43

8. State Regulations

The following section briefly summarizes noteworthy state air pollution regulations that impose requirements on fossil fuel electric power generation facilities incremental to federal regulatory

40 74 FR 56259. 41 “Fact Sheet: Greenhouse Gas Reporting Program Implementation,” EPA, November 2013, accessed September 18, 2018 at: https://www.epa.gov/sites/production/files/2014-09/documents/ghgrp-overview-factsheet.pdf; “Learn About the Greenhouse Gas Reporting Program (GHGRP),” EPA, October 2016, accessed September 18, 2018 at: https://www.epa.gov/ghgreporting/learn-about-greenhouse-gas-reporting-program-ghgrp. 42 “GHGRP Power Plants,” EPA, August 5, 2017, accessed September 18, 2018 at: https://www.epa.gov/ghgreporting/ghgrp-power-plants; “Learn About the Greenhouse Gas Reporting Program (GHGRP),” EPA, October 2016, accessed September 18, 2018 at: https://www.epa.gov/ghgreporting/learn-about-greenhouse-gas-reporting-program-ghgrp. 43 76 FR 48406; “Overview of the Cross-State Air Pollution Rule (CSAPR),” EPA, accessed September 19, 2018 at: https://www.epa.gov/csapr/overview-cross-state-air-pollution-rule-csapr.

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requirements. These regulations were collected from a review of state regulatory programs from a representative sample of states relevant to the fossil fuel electric power generation industry.44

• The Illinois Environmental Protection Agency issues state operating permits for coal-fired combustion emissions sources.45

• Iowa has issued provisions to prevent the excessive buildup of air contamination during air pollution episodes. An “air pollution episode” occurs when the accumulation of air contaminants (sulfur dioxide, particulate matter, carbon monoxide, ozone, and nitrogen dioxide) reach levels that could lead to a substantial human health threat.46

• The Michigan Department of Environmental Quality requires certain emissions sources, depending on the quantity and compositions of air contaminants they emit, to submit annual reports on air emissions to estimate total discharges.47 Michigan also requires the installation of continuous monitoring systems for fossil fuel-fired steam generators and coal-fired electric generating units. The system must monitor opacity, sulfur dioxide, nitrogen oxide, oxygen/carbon dioxide composition, and, specific to coal-fired electric units, mercury. Facilities must compile monitoring results and provide quarterly written reports to the Department of Environmental Quality.48

• Minnesota has issued a suite of air pollution regulations. Like Michigan, Minnesota requires the installation of continuous monitoring systems and quarterly written reports on the monitoring results, as well as test requirements facilities must meet in order to certify systems.49 Its state level NSPS standards are more stringent than federal standards; for coal-fired electric generating units, standards include mercury control requirements and standards for visible air contaminants, airborne particulate matter, indirect fossil-fuel burning equipment, and direct heating fossil fuel-burning equipment.50 Minnesota also sets increasing levels of contamination of sulfur dioxide, carbon monoxide, and nitrous dioxide that, if met or exceeded, trigger the declaration of air pollution alerts, then warnings, then emergencies, and, at the highest level of contamination, significant harm events. Facilities that have experienced an air pollution episode must submit an emission reduction plan for air pollution episodes to the

44 For a description of EPA’s methodology to determine the representative sample of states, see Appendix I. For a comprehensive summary of the relevant state regulations that EPA located, see Appendix III. 45 35 Ill. Adm. Code 271. 46 Iowa Administrative Code 567.26. 47 Michigan Administrative Code R 336.202. 48 Michigan Administrative Code R 336.2101-2199. 49 Minnesota Administrative Rules, Chapter 7017. 50 Minnesota Administrative Rules, Chapter 7011.

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Minnesota Pollution Control Agency.51 State law also requires all coal handling facilities within the Minneapolis-St. Paul Air Quality Control Region or with the boundaries of the city of Duluth to perform abatement measures, including the installation of concrete or asphalt access road surfaces, treatment of access roads, fugitive particulate emission controls at loading stations and coal stockpiles, and opacity reduction measures in enclosed coal handling facilities.52

• Missouri sets ambient air quality standards for hydrogen sulfide and sulfuric acid, in addition to the six criteria pollutants regulated under NAAQS.53

• Like Missouri, North Carolina has added standards for total suspended particulates and hydrocarbons to its ambient air quality standards. It has also established maximum allowable air quality standards for three hour periods for sulfur oxides.54 In addition to the federal NESHAP standards, North Carolina has standards for: particulates from fuel burning indirect heat exchanges, industrial processes, and electric utility boilers; sulfur dioxide emissions from combustion sources; nitrogen dioxide and nitrogen oxide emissions; visible emissions; ethylene oxide emissions; and fugitive dust particulates.55 The state has specific criteria that operators of coal or oil fired electric power generating facilities must meet when an air pollution warning is in effect. During these periods, power plants must use fuels with the lowest ash and sulfur content, only perform boiler lancing and soot blowing between noon and 4 PM, reduce steam load demands, and use preplanned abatement programs if emergency levels of contamination are reached.56

• Ohio state regulations establish their own stringency standards requiring scheduled maintenance of air pollution control equipment and require reporting of any air pollution control equipment malfunction.57

• Wisconsin has issued a number of regulations incremental to NESHAP standards, including reporting, recordkeeping, testing, inspection, and compliance requirements, as well as standards for source categories not covered by NESHAP, such as facilities that handle and store coal, compression ignition internal combustion engines that combust fuel oil, and hazardous air spills.58 The state has established emissions and technology

51 Minnesota Administrative Rules, Chapter 709.1000-1110. 52 Minnesota Administrative Rules, Chapter 7011.1100-1140. 53 10 CSR 10-6.010. 54 15A NCAC 02D .0400. 55 15A NCAC 02D .0500. 56 15A NCAC 02D .0306. 57 OAC 3475-15-06. 58 Wis. Admin. Code NR 339 and 445.

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standards specifically for older emission sources, including those constructed since 1962 – before the promulgation of CAA NSR and NSPS standards. The standards include emissions limitations and best available retrofit technology determinations.59 The state also has baseline mercury emissions and reporting standards for major utilities, as well as mercury emission limits for new and modified, small and large coal-fired electric generating units.60 Wisconsin requires the submission of emission inventory reports for particulate matter, sulfur dioxide, nitrogen oxides, carbon monoxide, and volatile organic compounds.61 Emission sources can also submit emission reductions and avoidances they have achieved with respect to greenhouse gases, air contaminants, and carbon sequestration; the Wisconsin Department of Natural Resources considers this information when determining emission baselines and reduction requirements.62 As with other states, Wisconsin has also issued limitations on visible air emissions.63

B. Water Pollution

The regulations that address water pollution largely stem from the 1972 CWA and its subsequent amendments. The CWA itself was, in fact, an amendment of the 1948 Federal Water Pollution Control Act, but it was the 1972 legislation that created the modern water pollution regulatory regime. The CWA implemented pollution control measures, including federal water quality standards and industry wastewater and Effluent Limitation Guidelines (ELGs). These regulations set standards for wastewater discharge on an industry-specific basis, identifying key processes and materials to regulate within each industry. Additionally, the 1972 CWA established the National Pollutant Discharge Elimination System (NPDES) permit program, which controls point source discharges to surface water from industrial, municipal, and other commercial sources. These facilities cannot discharge to surface water without an NPDES permit, and the system made it illegal to discharge pollutants from point sources to navigable waters.64

In 1972 Congress also passed the Marine Protection, Research, and Sanctuaries Act, or the Ocean Dumping Act. EPA published final rules pursuant to the act on January 11, 1977. The act prohibited the transportation of material from the United States for the purposes of ocean dumping, the transportation of material by American agencies or American vessels for the

59 Wis. Admin. Code NR 433. 60 Wis. Admin. Code NR 446. 61 Wis. Admin. Code NR 438. 62 Wis. Admin. Code NR 437. 63 Wis. Admin. Code NR 431. 64 “History of the Clean Water Act,” EPA, accessed September 26, 2018 at: https://www.epa.gov/laws-regulations/history-clean-water-act; “Summary of the Clean Water Act,” EPA, accessed September 26, 2018 at: https://www.epa.gov/laws-regulations/summary-clean-water-act.

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purposes of ocean dumping, and the transportation of materials into American territorial seas for the purposes of ocean dumping. The act also created a permitting system to regulate ocean disposal of materials. Under the authority of the act, EPA designated sites for the ocean disposal of dredged material and set guidance and the national and regional level for dumping practices. At the regional level, this took the form of Site Management and Monitoring Plans for designated disposal sites.65

1. Clean Water Act (1972)

The 1972 CWA created the NPDES program. EPA implemented regulations pursuant to the program through 40 CFR Parts 122-125. The NPDES program regulates point source pollutant discharges. Originally, the NPDES permits focused on the discharge of conventional pollutants. The 1977 amendments to the CWA refocused the NPDES program from conventional pollutants to toxic discharges.66

An NPDES permit acts as a license for a facility to discharge a set amount of pollutant into receiving water. Part 503 of the CWA addresses the biosolids from wastewater treatment, and establishes rules for facilities to incinerate, landfill, or beneficially use biosolids. NPDES operates at two levels of pollutant control: discharge limits based on technological standards, and discharge limits based on water quality standards. There are two types of NPDES permits: individual permits with facility-specific standards; and general permits for categories of dischargers in the same geographical area. The CWA allows EPA to authorize the implementation of the NPDES program to states, tribes, and territories.67

In 2001, EPA promulgated NPDES permitting regulations for new cooling water intake structures. EPA added NPDES regulations for existing cooling water intake structures in 2014. EPA estimates that the regulated universe for existing cooling water intake structures, which comprises facilities that withdraw two million or more gallons of water per day into cooling systems, includes 544 power plants. The rule requires facilities to install technologies and utilize operational practices to reduce fish and aquatic organism mortality resulting from water intake.68

65 “Regulations, Guidance, and Additional Ocean Dumping Information,” EPA, accessed November 2, 2018 at: https://www.epa.gov/ocean-dumping/regulations-guidance-and-additional-ocean-dumping-information#OD_Regs; 42 FR 2462. 66 “A Brief Summary of the History of NPDES,” EPA Region 1, accessed November 2, 2018 at: https://www3.epa.gov/region1/npdes/history.html. 67 “About NPDES,” EPA, accessed September 26, 2018 at: https://www.epa.gov/npdes/about-npdes; “NPDES Regulatory History,” EPA, accessed November 2, 2018 at: https://www.epa.gov/npdes/npdes-regulatory-history; “A Brief Summary of the History of NPDES,” EPA Region 1, accessed November 2, 2018 at: https://www3.epa.gov/region1/npdes/history.html; 48 FR 14146. 68 “Cooling Water Intakes,” EPA, accessed March 26, 2019 at: https://www.epa.gov/cooling-water-intakes; “Cooling Water Intakes – Final 2014 Rule for Existing Electric Generating Plants and Factories,” EPA, accessed

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The CWA also revised the scope of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The NCP sets a blueprint for responding to oil spills and hazardous substance releases. At its inception in 1968, it only provided a comprehensive, federal system of accident reporting, spill containment, and cleanup of oil spills. The CWA expanded the NCP’s scope to include hazardous substance releases, in addition to oil spills.69

EPA implemented ELGs in February 1974, two years after the passage of the CWA. The ELG program established national guidelines for industrial wastewater discharges to surface water on an industry by industry basis. The standards are based on capability of treatment technology rather than pollutant specific water quality-based parameters. ELGs may include one, all, or a combination of the following types of technology-based limits which facilities covered within the scope of a particular ELG must meet: Best Practicable Control Technology Currently Available (BPT), Best Conventional Pollutant Control Technology (BCT), Best Available Technology Economically Achievable (BAT), New Source Performance Standards (NSPS), Pretreatment Standards for New Sources (PSNS), and Pretreatment Standards for Existing Sources (PSES). ELGS can also include prescriptive best management practices (BMPs) as part of the regulation.70 There are now ELG standards for a total of 59 industry categories. NPDES permits then impose the more stringent of the two limits for each pollutant regulated by the permit: the technology based ELG or the water quality-based standard.

The technological standards can vary by whether a facility existed at the time of implementation or is newly constructed, and whether discharges to surface water from a facility are direct or indirect. BPT, BCT, and BAT effluent limitations apply to existing facilities that discharge directly to surface water. BCT effluent limitations are designed to control pollutants that the CWA defines as “conventional,” e.g., biochemical oxygen demand, total suspended solids, fecal coliform, and pH level. BPT addresses all categories of pollutants –conventional, nonconventional, and toxic – and often are less stringent than BAT. With respect to NSPS, as under the CAA, the ELGs recognize that new sources can install the best and most efficient production processes and wastewater treatment technologies for removing pollutants. ELGs therefore create standards for new sources of discharges based on the best available demonstrated control technology for all pollutants. PSES and PSNS apply to existing and new indirect dischargers, respectively, and establish technological standards to control toxic pollutant

March 26, 2019 at: https://www.epa.gov/cooling-water-intakes/cooling-water-intakes-final-2014-rule-existing-electric-generating-plants-and. 69 “National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Overview,” EPA, accessed November 7, 2018 at: https://www.epa.gov/emergency-response/national-oil-and-hazardous-substances-pollution-contingency-plan-ncp-overview. 70 “Industrial Effluent Guidelines,” EPA, accessed September 26, 2018 at: https://www.epa.gov/eg/industrial-effluent-guidelines; “Learn About Effluent Guidelines,” EPA, accessed November 2, 2018 at: https://www.epa.gov/eg/learn-about-effluent-guidelines; 39 FR 4532.

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discharges to publicly owned treatment works. Finally, BMPs are conditions imposed by the ELG or directly by a permitting program to control pollutant discharge.71

Under the CWA, EPA must review and revise Effluent Guidelines on an annual basis; EPA currently publishes an Effluent Guideline Program Plan that sets the review and revision protocol and identifies significantly discharging industries on a biennial basis.72

Eight months after the implementation of the general ELG regulations, EPA published industry specific effluent guidelines for steam electric power generating units in October 1974 through 40 CFR Part 423. EPA later amended the Steam Electric Power Generating Effluent Guidelines and Standards in 1977, 1978, 1980, 1982, and 2015. The regulations apply both to fossil and nuclear-fueled electric power generating facilities.73

In addition to the NPDES permitting program and ELG technology-based industry standards, both of which establish requirements and guidelines for dischargers to surface water, the 1972 CWA also stipulated that EPA generate federal water quality standard criteria and created a procedure for the Agency’s role in the development, review, revision, and approval of state and tribal water quality standards. After approval, EPA reviews state and tribal water quality standards on a triennial basis. In cases where a state fails to develop water quality standards that meet the federal criteria, EPA promulgates water quality standards applicable to the states’ waters. The CWA guidelines for water quality criteria dictate that the standards consider the water’s designated use and, in turn, protect public health or welfare, enhance the quality of the water, provide water quality for the protection and propagation of fish, shellfish, wildlife, and for recreation. EPA published a final rule revising and consolidating the guidelines for water quality standard development and approval in 40 CFR Part 131 on November 18, 1983, effective December 8, 1983.74 In 2015, EPA revised the federal water quality standard criteria to clarify conditions that necessitate new or revised water quality standards, improve water use designation procedures, promulgate triennial water quality standard review, strengthen anti-degradation measures, structure deviations in water quality standards across waters with different designated uses, and require state and tribal adoption and EPA approval of permit compliance schedules.75

71 “Industrial Effluent Guidelines,” EPA, accessed September 26, 2018 at: https://www.epa.gov/eg/industrial-effluent-guidelines; “Learn About Effluent Guidelines,” EPA, accessed November 2, 2018 at: https://www.epa.gov/eg/learn-about-effluent-guidelines; 39 FR 4532. 72 “Learn About Effluent Guidelines,” EPA, accessed November 2, 2018 at: https://www.epa.gov/eg/learn-about-effluent-guidelines. 73 “Steam Electric Power Generating Effluent Guidelines,” EPA, accessed September 26, 2018 at: https://www.epa.gov/eg/steam-electric-power-generating-effluent-guidelines; 39 FR 36186. 74 “Federal Water Quality Standards Requirements,” EPA, accessed November 2, 2018 at: https://www.epa.gov/wqs-tech/federal-water-quality-standards-requirements; 48 FR 51405. 75 Environmental Protection Agency, Office of Water, “Water Quality Standards Regulatory Revisions (Final Rule,” July 2015, accessed November 2, 2018 at: https://www.epa.gov/sites/production/files/2018-10/documents/wqs-regulatory-revisions-final-rule-factsheet.pdf.

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2. Safe Drinking Water Act (1974)

Congress passed the Safe Drinking Water Act (SDWA) on December 16, 1974. Under the SDWA, EPA implemented the UIC program to regulate and monitor the injection of materials into the ground as part of waste disposal procedures. Specifically, the UIC program’s goal is to protect drinking water sources – meaning wells, aquifers, and other sources – from injection disposal vectors. Through the UIC program, EPA establishes minimum standards that state injection control programs must meet, approves of state control programs, and delegates implementation authority to the states. The program categorizes injection wells into six classes: industrial and municipal waste; oil and gas related wells, solution mining wells, shallow hazardous and radioactive waste injection wells, wells that inject non-hazardous fluids into or above underground sources of drinking water, and geologic sequestration wells. The standards include technical standards for each class of well and the requirements for hazardous waste injection at industrial and municipal waste wells. EPA consolidated and revised regulations pursuant to the UIC control program in 40 CFR Parts 144-148 on April 1, 1983.76

3. Great Lakes Critical Programs Act (1990)

In 1990, Congress passed the Great Lakes Critical Programs Act. The act implemented parts of the Great Lakes Water Quality Agreement, a 1978 pact between the United States and Canada to reduce toxic pollutants in the Great Lakes, in part through the regulation of Great Lakes watersheds. Title I of the Great Lakes Critical Programs Act required EPA to set water quality standards within the Great Lakes watershed that limited 29 toxic pollutants to levels safe for humans, wildlife, and aquatic life. Also under the authority of the act, EPA helped relevant states establish water quality standards in line with legislative requirements.77 EPA ultimately established regulations under the Great Lakes Critical Programs Act through 40 CFR Part 132 in 1995.78 This program is of significance for the electric power generation, transmission and distribution industry, because thirty two percent of the total coal fired electric utility plants in the United States are located in the Great Lakes Basin states of Minnesota, Wisconsin, Illinois, Indiana, Michigan, Ohio, and Pennsylvania..79

76 “Summary of the Safe Drinking Water Act,” EPA, accessed November 2, 2018 at: https://www.epa.gov/laws-regulations/summary-safe-drinking-water-act; “Underground Injection Control Regulations and Safe Drinking Water Act Provisions,” EPA, accessed November 2, 2018 at: https://www.epa.gov/uic/underground-injection-control-regulations-and-safe-drinking-water-act-provisions; 48 FR 14146. 77 “History of the Clean Water Act,” EPA, accessed September 26, 2018 at: https://www.epa.gov/laws-regulations/history-clean-water-act; 60 FR 15366. 78 60 FR 15366. 79 Regulatory Impact Analysis: EPA's 2018 RCRA Proposed Rule Disposal of Coal Combustion Residuals from Electric Utilities; Amendments to the National Minimum Criteria (Phase One), U.S. EPA, Office of Resource Conservation and Recovery, March 2018.

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4. State Regulations

The following section briefly summarizes noteworthy state water pollution regulations that impose requirements specific to fossil fuel electric power generation facilities incremental to federal regulatory requirements. These regulations were collected from a review of state regulatory programs from a representative sample of states relevant to the fossil fuel electric power generation industry.80

• Florida sets total maximum daily loads specific to each body of water that has been impaired by a pollutant.81 Florida also implements its own permit programs for storm-water management systems and wastewater facilities or activities that discharge to waters of the state.82

• The Illinois Water Pollution Control Board has a discharge permitting program for owners and operators of discharging facilities that are not required to acquire NPDES permits.83 The Water Pollution Control Board also places restrictions on the types, concentrations, and quantities of contaminants that can be discharged into sewer systems, including specific provisions for mercury and cyanide. Restrictions and standards vary by facility type.84

• Iowa has a state level permitting program for operators of waste water disposal systems, in addition to NPDES permit requirements.85

• Kentucky operates a state level pollution discharge elimination system permitting program, which includes pretreatment requirements, spill reporting requirements, and groundwater protection plans.86

• The Michigan Water Resources Commission requires that facilities that discharge to surface of round waters through means other than public sanitary sewers have waste treatment or control facilities under supervision of persons certified by the Commission.87

• Pennsylvania establishes general effluent standards for industrial wastes, as well as a program for time extensions to achieve effluent limitations, and treatment requirements

80 For a description of EPA’s methodology to determine the representative sample of states, see Appendix I. For a comprehensive summary of the relevant state regulations that EPA located, see Appendix III. 81 F.A.C. 62-304. 82 F.A.C. 62-330; F.A.C. 62-620. 83 35 Ill. Adm. Code 309, Subpart B. 84 35 Ill. Adm. Code 307. 85 Iowa Administrative Code 567.64. 86 401 KAR 5. 87 Michigan Administrative Code R 323.1251-1259.

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for new and expanding loadings of Total Dissolved Solids (TDS).88 Pennsylvania also sets rules for achieving and maintaining water quality standards, including specific rules for total maximum daily loads (TMDLs) and water based effluent limitations for nutrient discharges and heated water discharges.89

• Texas has surface water quality standards that include general and site-specific criteria, as well as control procedures for toxic substances and total toxicity.90

• Wisconsin operates a state level pollution discharge elimination system permitting program, including water quality based effluent limitations, applicable to point sources which discharge toxic or organoleptic substances to surface waters of the state.91 Wisconsin also sets groundwater quality standards for substances detected in or having a reasonable probability of entering groundwater resources, including response procedures for exceedances.92

C. Emergency Planning and Response

The emergency planning and response regulatory regime largely comprises three kinds of regulations: safety and health standard regulations promulgated by OSHA; CERCLA response action regulations; and Emergency Planning and Community Right-to-Know Act (EPCRA) planning and notification regulations. These regulations include control and safety standards and protocols put in place to prevent harmful or catastrophic releases, procedures to mitigate in the immediate aftermath of a release or related emergency, and provisions for remediation following a release. Congress enacted CERCLA on December 11, 1980, and EPA has promulgated multiple regulations under its authority that address community notification of the presence of hazardous substances, and response, liability, cleanup, and closure for releases and threatened releases. The 1970 Occupational Safety and Health Act created OSHA and served as the genesis of the regulatory framework relevant to jobsite safety; OSHA has promulgated regulations that focus on safety and health standards, emergency action plans, and emergency response standards for facilities that handle hazardous materials or waste.

1. Occupational Safety and Health Act (1970)

Congress enacted the Occupational Safety and Health Act on December 29, 1970, with an effective date of April 28, 1971. The act created OSHA, an administration under the Department of Labor that over oversees workplace conditions through standards, training, outreach, 88 25 Pa. Code 95. 89 25 Pa. Code 96. 90 30 Tex. Admin. Code 307. 91 Wis. Admin. Code NR 106. 92 Wis. Admin. Code NR 140.

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education, and assistance. The creation of the administration built on an existing framework of workplace health and safety study and regulations at both the state and federal level. States had promulgated workplace safety regulations since the 19th century, and the Department of Labor had published information on occupational fatalities and other workplace health and safety matters since 1903. In 1934, the Department of Labor founded the Bureau of Labor Standards with the primary goal of promoting workplace health and safety, as well as aiding states administer laws pursuant to that goal. Upon the creation of OSHA in 1970, the Department shifted this purpose from the Bureau of Labor Standards to OSHA.93

OSHA published its initial standards on May 29, 1971, with an effective date of August 27, 1971. The package included many existing federal labor standards with a notice that shifted the standards’ administration to OSHA, as well as national consensus standards for general industry, construction, maritime, and other industries.94 Eventually, OSHA’s industry specific standards comprised regulations for general industry, construction, maritime, and agriculture.95 In the early 1970s, OSHA followed a “worst-case first” approach and implemented regulations that sought to prevent catastrophic accidents and address the most dangerous and unhealthful workplace conditions. These worst-case regulations also set protocols for the investigation of major workplace incidents.96

In 1972, OSHA established the OSHA Training Institute. The institute trained compliance officers and stakeholders on safety and health topics. In the same year, the administration also promulgated standards that limited the permissible exposure limit of employees to asbestos fibers.97

Altogether, OSHA standards set legal requirements for employers to protect their employees from hazards. Through the administration of the regulations it has promulgated and its ongoing oversight of workplace safety, OSHA ensure that workplace conditions do not carry a risk of serious harm to employees, distributes information and training about hazards and methods to prevent or mitigate those hazards, publishes records of work-related injuries and illnesses, conducts tests and studies of workplace hazards, receives complaints from employees, and 93 “About OSHA,” OSHA, accessed September 26, 2018 at: https://www.osha.gov/about.html; U.S. Department of Labor, Occupational Safety and Health Administration, Reflections on OSHA’s History, January 2009, accessed September 26, 2018 at: https://www.osha.gov/history/OSHA_HISTORY_3360s.pdf. 94 U.S. Department of Labor, Occupational Safety and Health Administration, Reflections on OSHA’s History, January 2009, accessed September 26, 2018 at: https://www.osha.gov/history/OSHA_HISTORY_3360s.pdf. 95 “At-a-Glance: OSHA,” OSHA, accessed November 7, 2018 at: https://www.osha.gov/Publications/3439at-a-glance.pdf. 96 36 FR 10466; U.S. Department of Labor, Occupational Safety and Health Administration, Reflections on OSHA’s History, January 2009, accessed September 26, 2018 at: https://www.osha.gov/history/OSHA_HISTORY_3360s.pdf. 97 U.S. Department of Labor, Occupational Safety and Health Administration, Reflections on OSHA’s History, January 2009, accessed September 26, 2018 at: https://www.osha.gov/history/OSHA_HISTORY_3360s.pdf.

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inspects workplaces for compliance in response to complaints. OSHA also conducts inspections when it determines there is imminent danger, in response to catastrophes, and to address hazards at workplaces and/or industries that exhibit high injury rates.98

The 1970 Occupational Safety and Health Act also created the National Institute for Occupational Health and Safety (NIOSH). NIOSH is under the Centers for Disease Control and Prevention within the U.S. Department of Health and Human Services. It is a federal research agency tasked with making recommendations to enforcement agencies to prevent worker injury and illness. NIOSH works with private industry through the National Occupational Research Agenda (NORA). The NORA program has generated research in health hazard evaluations, fatality investigations, and respirators and protective clothing, including research in the manufacturing and utilities industries. 99

In addition to its recommendations to enforcement agencies, NIOSH also distributes educational materials and develops training programs. NIOSH has released extensive materials that identify specific hazards related to chemicals, industries, or industrial processes, which the institute refers to as Criteria Documents. NIOSH develops Criteria Documents to serve as the basis for comprehensive safety and health standards to be implemented and administered by OSHA. These publications include hazard criteria and guidelines for engineering controls and work practices, and proposed development of standards. There are Criteria Documents for industrial practices such as coke oven emissions, coal gasification plants, coal liquefaction, the manufacture of paint and allied coating products, and refined petroleum solvents. NIOSH also distributes materials such as guides to chemical hazards, Current Intelligence Bulletins on specific workplace hazards, and summaries of findings regarding workplace safety and hazards published by international research bodies.100

On March 6, 1989, OSHA promulgated the Hazardous Waste Operations and Emergency Response standards (HAZWOPER). The standards went into effect one year later, on March 6, 1990. OSHA added to the HAZWOPER standards in response to the Superfund Amendments Reauthorization Act (SARA) of 1986, which authorized the issuance of regulations that protect workers who engage in hazardous waste operations. HAZWOPER addresses the health and safety risks to workers of unexpected releases or the threat of releases of hazardous substances that may accompany operational failures, natural disasters, or waste dumped in the environment.

98 “At-a-Glance: OSHA,” OSHA, accessed November 7, 2018 at: https://www.osha.gov/Publications/3439at-a-glance.pdf. 99 “Fact Sheet: National Institute for Occupational Safety and Health,” NIOSH, accessed November 7, 2018 at: https://www.cdc.gov/niosh/docs/2013-140/pdfs/2013-140.pdf?id=10.26616/NIOSHPUB2013140; “NIOSH Programs,” NIOSH, accessed November 7, 2018 at: https://www.cdc.gov/niosh/programs.html. 100 “Chemical Hazards and Toxic Substances: Hazard Recognition,” OSHA, accessed November 7, 2018 at: https://www.osha.gov/SLTC/hazardoustoxicsubstances/hazards.html; “NIOSH Numbered Publications: Criteria Documents,” NIOSH, accessed at: https://www.cdc.gov/niosh/pubs/criteria_date_desc_nopubnumbers.html.

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OSHA promulgated the standards to ensure the safe and effective management and cleanup of unexpected releases of hazardous substances. HAZWOPER establishes requirements for emergency response and cleanup at jobsites, including the notification and preparation of emergency response workers. The regulations require employers to develop a written program for their employees to address hazards and provide for emergency response actions, including an organizational structure, comprehensive work plan, training programs, and medical surveillance program.101

In 2002, OSHA expanded on its emergency response regulations through the implementation of Emergency Action Plans (EAPs). The regulations require that employers prepare a written document – the EAP – to create practices the employer and employees should follow during workplace emergencies at a given facility. EAPs must include emergency reporting procedures, evacuation procedures, the designation of certain facility operations as critical, employee accounting systems, rescue and medical duties, and contact information. OSHA also recommends, but does not require, that EAPs include alarm systems, alternative communication systems, record storage provisions, and employee training.102

2. National Environmental Policy Act (1978)

In 1978, EPA created the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act (NEPA). The council’s role was to coordinate among the agencies that implemented NEPA to ensure that the regulations remain in accordance with the provisions of NEPA. Additionally, the regulation sought to ensure that high quality environmental information is available to public officials and citizens before actions are taken.103

3. Comprehensive Environmental Response, Compensation, and Liability Act (1980)

Congress enacted CERCLA on December 11, 1980 to establish a suite of regulatory programs to respond to releases of hazardous substances into the environment and remediate hazardous sites through the assignation of liability and the creation of a fund to pay for site cleanup. Also called Superfund, the law initially taxed the chemical and petroleum industries to collect money for a trust fund to provide for emergency removal actions and other cleanup activities at abandoned or uncontrolled hazardous waste sites. Superfund’s taxing authority expired in 1995 and was not

101 54 FR 9294; “Hazardous Waste Operations and Emergency Response (HAZWOPER),” OSHA, accessed September 26, 2018 at: https://www.osha.gov/SLTC/emergencypreparedness/hazwoper/index.html. 102 67 FR 67691; “Evacuation Plans and Procedures eTool: Emergency Action Plan,” OSHA, accessed September 26, 2018 at: https://www.osha.gov/SLTC/etools/evacuation/eap.html. 103 43 FR 55990.

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renewed and, since 1996, EPA has increasingly relied on appropriations from the government’s general fund to supplement declining revenues to the Superfund trust.104

To facilitate EPA cleanup of sites that experienced hazardous substance contamination, the legislation directed EPA to designate substances as “hazardous substances” under CERCLA; CERCLA makes this designation by referencing substances designated as hazardous in other environmental laws, namely CAA, CWA, RCRA, and TSCA. Significantly, CERCLA excludes petroleum and fossil fuel combustion waste from its definition of hazardous substances, though EPA guidance states that this exclusion does not apply to used oil and some other petroleum products, which are to be included as CERCLA hazardous substances.105 CERCLA created standards concerning closed and abandoned hazardous waste sites that released or threatened to release hazardous substances and empowered EPA to hold persons or entities liable for those releases. CERCLA required facilities to notify the public about the release of hazardous substances and created guidelines for release response and remediation. EPA effects response and removal actions by wholly or partially funding and conducting the action itself, or by enforcing and overseeing an action performed by a responsibility party or responsible parties deemed liable for contamination at the site under CERCLA liability assignation.106

CERCLA provides two types of actions in response to abandoned or uncontrolled hazardous waste sites that are releasing or may release hazardous substances: short-term removals for releases or threatened releases requiring immediate action to avert life threatening risk to human health and/or the environment; and long-term remedial response actions that permanently and significantly reduce the dangers of releases at sites that are serious but not urgent. Short-term actions fall under EPA’s Emergency Response and Removal Program, which coordinates and effects the immediate removal of dangerous substances from public sites to prevent further expansion of hazardous substances to the environment. Long-term remedial response actions

104 “Superfund: CERCLA Overview,” EPA, accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-overview; U.S. Government Accountability Office, “Superfund Program: Current Status and Future Fiscal Challenges,” GAO-03-850, July 31, 2003, accessed November 7, 2018 at: https://www.gao.gov/products/GAO-03-850. 105 United States Environmental Protection Agency, Memorandum from Francis S. Blake to J. Winston Porter, re: Scope of the CERCLA Petroleum Exclusion Under Sections 101(14) and 104(a)(2), Office of Solid Waste and Emergency Response Directive No. 9838.1, July 31, 1987, accessed August 23, 2018 at: https://www.epa.gov/enforcement/guidance-scope-cercla-petroleum-exclusion. Petroleum and fossil fuel combustion waste are excluded from CERCLA’s definition of hazardous substances because they are defined as “special wastes” under RCRA, pursuant to the 1980 Bevill and Bentsen Amendments to the Solid Waste Disposal Act. See “Special Wastes,” EPA, accessed October 12, 2018 at: https://www.epa.gov/hw/special-wastes. 106 50 FR 13474; “Consolidated List of Lists under EPCRA/CERCLA/CAA §112(r) (March 2015 Version),” EPA, accessed November 7, 2018 at: https://www.epa.gov/epcra/consolidated-list-lists-under-epcracerclacaa-ss112r-march-2015-version; “Superfund: CERCLA Overview,” EPA, accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-overview; “EPA’s Role in Emergency Response,” EPA, accessed November 7, 2018 at: https://www.epa.gov/emergency-response/epas-role-emergency-response.

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occur through EPA’s Superfund Remedial Program and require site evaluations and maintenance after the completion of cleanup until EPA determines that the site no longer poses a risk of potential releases.107

In addition to overseeing cleanup activities, EPA also implements the enforcement provisions of CERCLA. Superfund designates as liable the parties responsible for the presence of hazardous substances at a site that caused a release or possibility of release that necessitated cleanup. Enforcement actions locate and hold accountable these “potentially responsible parties” (PRPs). PRPs at a site may be liable for any cleanup costs the government incurs at the site, damages to natural resources that resulted from the release, certain costs of health assessments, and/or responsibility for future cleanup activities and costs. The PRPs at a site may include: the current owners and operators of the site; the past owners and operators of the site at the time of hazardous substance disposal; the parties that generated the hazardous substances present at the site (generators); the parties that arranged for the disposal of hazardous substances at the site (arrangers); and the parties that chose to transport the hazardous waste to the site for disposal (transporters). CERCLA is also effective retroactive to its enactment in 1980, meaning that even if the actions that resulted in the presence of hazardous substances at a site occurred prior to 1980, the parties responsible for those actions may be held liable under the statute. Finally, PRPs at a site hold joint and several liability, which means any and all PRPs at a site may be liable for the entirety of cleanup at the site, regardless of the presence of other PRPs.108

Once EPA has identified PRPs at a site, the agency reaches agreements for cleanup and cost responsibility for the site through settlements and orders. As part of this process, EPA works to ensure that the PRP, and not the government, funds remediation. Once EPA and a PRP reach a settlement, CERCLA empowers EPA to impose financial assurance requirements on the PRP through subsequent orders. Through these financial assurance requirements, EPA requires the PRP to demonstrate that it has at its disposal adequate financial resources to complete cleanup at the site. PRPs may meet the financial assurance requirements that EPA imposes in settlements and orders through one of the following mechanisms: trust funds; letters of credit, surety bonds; insurance policies; corporate financial tests; and corporate guarantees.109

107 “Superfund: CERCLA Overview,” EPA, accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-overview; U.S. Environmental Protection Agency, Office of Emergency and Remedial Response, The Superfund Remedial Program, Spring 1986, accessed November 7, 2018 through the National Service for Environmental Publications; U.S. Environmental Protection Agency, EPA Emergency Response and Removal Program: Over Two Decades of Protecting Human Health and the Environment, 2000, accessed November 7, 2018 through the National Service for Environmental Publications. 108 “Superfund Liability,” EPA, accessed March 22, 2019 at: https://www.epa.gov/enforcement/superfund-liability. 109 “Financial Assurance in Superfund Settlements and Orders,” EPA, accessed March 22, 2019 at: https://www.epa.gov/enforcement/financial-assurance-superfund-settlements-and-orders.

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The National Contingency Plan (NCP), originally implemented in 1968, was further revised under CERCLA. The NCP was originally created to develop a system for accident reporting, spill containment, and cleanup of oil spills. The CWA expanded its scope to include all hazardous substances, and CERCLA further increased its purview to cover hazardous waste sites requiring emergency removal actions. Also, under CERCLA, the NPL was founded through the NCP. The NPL lists sites which have experienced known or threatened releases of hazardous substances, pollutants, or contaminants to direct EPA’s investigations. Listing on the NPL makes a site eligible for long-term remedial response actions under the Superfund Remedial Program.110

In conjunction with the NPL, CERCLA created the Hazard Ranking System (HRS). HRS is a screening system that EPA uses to determine the risk posed by hazardous substance releases from uncontrolled hazardous waste sites to human health and the environment. EPA makes risk assessments under the HRS using preliminary assessments (PAs) and, if the PA concludes that further action is needed, site inspections (SIs) of a site. The results of the SI form the basis for a site’s score on the HRS, which EPA consults when deciding whether to place a site on the NPL. The HRS assigns numerical scores to three factors that are the subject of the SI: likelihood that a site has released or has the potential to release hazardous substances into the environment; toxicity and quantity of the waste at the site; and people or sensitive environments that a release affects or may affect. Further, the HRS considers four possible migratory paths on which releases may travel from the site: ground water migration; surface water migration; soil exposure, and air migration. The HRS score combines a site’s score for each of three risk factors and they pertain to release through the four contamination pathways. EPA does not use HRS to determine a site’s priority on the NPL, just its addition to the list.111

If a site is not placed on the NPL, it may still be cleaned up as a removal site through the Superfund Alternative Approach (SAA). The SAA first developed as an organic outgrowth of states’ desire to avoid listing a site on the NPL, so long as PRPs would enter cleanup agreements with the relevant authorities. EPA first incorporated this cleanup model in the 2000 Superfund Program Implementation Manual, in which EPA described it as the “NPL-equivalent” approach

110 “Superfund: National Priorities List (NPL),” EPA, accessed November 7, 2018 at: https://www.epa.gov/superfund/superfund-national-priorities-list-npl; “Superfund: CERCLA Overview,” EPA, accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-overview; “National Oil and Hazardous Substances Pollution Contingency Plan (NCP) Overview,” EPA, accessed November 7, 2018 at: https://www.epa.gov/emergency-response/national-oil-and-hazardous-substances-pollution-contingency-plan-ncp-overview. 111 “Introduction to the Hazard Ranking System (HRS),” EPA, accessed November 7, 2018 at: https://www.epa.gov/superfund/introduction-hazard-ranking-system-hrs; 55 FR 51532; U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, Hazard Ranking System Guidance Manual, Publication 9345.1-07, November 1992, accessed November 7, 2018 at: https://semspub.epa.gov/work/HQ/189159.pdf; 55 FR 51532.

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to site remediation. In 2002, EPA issued formal guidance on the approach and renamed it the SAA. EPA has issued further guidance on the approach in 2004 and 2012. SAA sites may expedite cleanup by avoiding the process of listing the site on the NPL and allows EPA to retain its enforcement authority at the site. The drawback to the SAA is that, because the site is not on the NPL, it cannot access Superfund money for cleanup activities, it is not eligible for Technical Assistance Grants to aid in cleanup efforts, and statute of limitations for natural resource damage claims apply at the site. SAA sites are categorized by the funding lead at the site: “PRP lead,” “mixed lead” (meaning the government and the PRP contributed to cleanup costs), and “fund lead” (meaning the government ultimately took responsibility for the remediation).112 In addition to the SAA, EPA may also transfer oversight of a site from the Superfund program to state cleanup programs by placing remediation at the site in the Other Cleanup Activity program.

4. Superfund Amendments Reauthorization Act (1986)

In 1984, a Union Carbide plant in Bhopal, India accidentally released methyl isocyanate, which resulted in the exposure of over 500,000 individuals to the hazardous substance and over 2,000 severe injuries and fatalities. In response to the Bhopal disaster, Congress amended CERCLA through SARA, which it passed on October 17, 1986. The SARA legislation responded to issues that EPA had identified with CERCLA over the course of the program’s initial administration. SARA increased the size of the Superfund trust from $1.6 billion to $8.5 billion, emphasized permanent remediation strategies and treatment technologies at hazardous waste sites, provided EPA enforcement authorities and settlement tools, increased state involvement, and revised EPA’s HRS so that its score criteria focused on the human health effects of hazardous waste sites. Title III of SARA comprised the EPCRA. To reduce the possibility of a widespread environmental catastrophe like Bhopal taking place in the United States, EPCRA imposed emergency planning, reporting, and notification requirements related to hazardous and toxic chemicals. The reporting and notification components of the law – the “Community Right-to-Know” provisions – focused on ensuring that the public had access to information about the presence, uses, and releases of chemicals at facilities. The reporting and notification requirements also enabled state and local authorities to improve safety and response protocols to better protect public health and the environment.113

112 Elliott J. Gilberg, Director of the Office of Site Remediation Enforcement, and James E. Woolford, Office of Site Remediation and Technology Innovation, “Memo, re: Transmittal of Updated Superfund Response and Settlement Approach for Sites using the Superfund Alternative Approach (SAA Guidance,” September 2018, 2012, accessed March 22, 2018; at https://www.epa.gov/sites/production/files/documents/rev-saa-2012-mem.pdf; 113 “What is EPCRA?,” EPA, accessed September 26, 2018 at: https://www.epa.gov/epcra/what-epcra; “Superfund: CERCLA Overview,” EPA, accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-overview ; “The Superfund Amendments and Reauthorization Act (SARA),” EPA, accessed November 7, 2018 at: https://www.epa.gov/superfund/superfund-amendments-and-reauthorization-act-sara.

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Pursuant to SARA and EPCRA, EPA implemented several regulations that addressed reporting, notification, and emergency planning at facilities where hazardous substances are present. In 1988, EPA established reporting requirements for the release of toxic chemicals. Facilities that experience a release must submit information to EPA, and EPA, in turn, publishes and retains that information in the Toxics Release Inventory (TRI). The TRI is a publicly available database of releases. EPA also established reporting requirements for facilities that have hazardous materials and/or extremely hazardous materials – as determined by OSHA – present over certain quantity thresholds through Material Safety Data Sheets (MSDS or SDS). Finally, EPA published Emergency Planning and Notification requirements under EPCRA. These requirements stipulate that facilities that handle substances determined to be “extremely hazardous” must disclose information necessary for state and local authorities to develop and implement chemical emergency response plans.114

5. State Regulations

The following section briefly summarizes noteworthy state emergency planning and response regulations that impose requirements on fossil fuel electric power generation facilities incremental to federal regulatory requirements. These regulations were collected from a review of state regulatory programs from a representative sample of states relevant to the fossil fuel electric power generation industry.115

• Florida has issued state level regulations that establish cleanup criteria and site rehabilitation at sites contaminated with pollutants or hazardous substances.116 Florida also requires facilities that experience a release of a hazardous substance to report that release to the Florida Department of Environmental Protection.117

• Illinois requires that facilities that experience a release of a hazardous material or extremely hazardous substance immediately notify the Illinois Statement Emergency Response Commission and submit a subsequent written report.118 Illinois has also enacted the Illinois Hazardous Substances Pollution Contingency Plan program to effectuate the response powers and responsibilities of Illinois state authorities to take

114 “What is EPCRA?,” EPA, accessed September 26, 2018 at: https://www.epa.gov/epcra/what-epcra; “Superfund: CERCLA Overview,” EPA, accessed September 26, 2018 at: https://www.epa.gov/superfund/superfund-cercla-overview; 73 FR 65478; 73 FR 65462; 53 FR 4525; and see “Toxics Release Inventory (TRI) Program: Data and Tools,” EPA, accessed November 7, 2018 at: https://www.epa.gov/toxics-release-inventory-tri-program/tri-data-and-tools. 115 For a description of EPA’s methodology to determine the representative sample of states, see Appendix I. For a comprehensive summary of the relevant state regulations that EPA located, see Appendix III. 116 F.A.C. 62-780. 117 F.A.C. 62-150. 118 29 Ill. Admin. Code 430.

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preventative or corrective action in response to release or substantial threat of a release of a hazardous substance.119

• Iowa requires that any person manufacturing, storing, handling, transporting, or disposing of a hazardous substance notify the Iowa Department of Natural Resources and local law enforcement upon the occurrence of a hazardous condition (i.e., spillage, leakage, or release of a hazardous substance), with subsequent submission of a written report.120 Iowa also establishes recordkeeping and reporting requirements on occupational accidents to develop information on the causes and prevention of accidents and to maintain a program of collection, compilation, and analysis of occupational safety and health statistics.121

• Michigan has a state level hazardous waste service fund, and sets out the criteria for declaring a hazardous waste emergency.122 Michigan also establishes specific, state-level work practices to be used during the operation and maintenance of electrical power generation, transmission, and distribution facilities.123 Additionally, Michigan sets cleanup criteria for state response activities to protect the public health, safety, welfare, and the environment and that include requirements for cleanup activities for groundwater and drinking water.124

• Missouri requires notification and submission of a written report following the release of a reportable quantity of a hazardous substance or an extremely hazardous substance.125

• North Carolina has a first responder certification program for hydrocarbon fuel tank leaks.126

• Texas regulations establish annual fees to be assessed against wastewater permit holders authorized to discharge wastewater into or adjacent to waters of the state.127

• Wisconsin’s hazardous release notification requirements include state-level requirements for owners or operators of underground storage tank systems.128 Wisconsin also has state-

119 35 Ill. Admin. Code 750 120 Iowa Administrative Code 567.131. 121 Iowa Administrative Code 875.4. 122 Michigan Administrative Code R 299.9901-9903. 123 Michigan Administrative Code R 408.18601-18610. 124 Michigan Administrative Code R 299.1-299.5. 125 11 CSR 10-11.230. 126 13 NCAC 075 .0103. 127 30 Tex. Admin. Code 21. 128 Wis. Admin. Code. NR 706.

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level toxic chemical inventory reporting regulations that define reporting requirements for submission of toxic chemical inventory reports, covering chemical release reporting, establishment of thresholds, exemptions, and protection of trade secrets.129

D. Hazardous Substances Management

Hazardous substances management regulations address the storage and transportation of CERCLA hazardous substances. These regulations are implemented by EPA, OSHA, and the Pipeline and Hazardous Materials Safety Administration (PHMSA), an office within the Department of Transportation. The regulations address the registration and reporting of hazardous substances that are manufactured or produced through industrial processes, preventing releases or mitigating the harm caused by releases of hazardous substances, safety and catastrophe prevention for facilities that handle hazardous substances, and provide standards that govern the transportation of hazardous substances. EPA implements hazardous substances management regulations largely under the authority of the TSCA and the Pollution Prevention Act (PPA). Within EPA, the Assistant Administrator for the Office of Chemical Safety and Pollution Prevention plays a key role in hazardous substances management, serving as the principal adviser to the EPA in issues related to the assessment and regulation of pesticides and toxic substances. The Office of Chemical Safety and Pollution Prevention also manages programs under TSCA, PPA, and FIFRA.130 OSHA’s Process Safety Management of Highly Hazardous Chemicals standards were promulgated under the authority of the Occupational Safety and Health Act, itself. Finally, PHMSA administers the transportation of hazardous substances under the authority of the Hazardous Materials Transportation Act and the Hazardous Liquid Pipeline Safety Act.

1. Toxic Substances Control Act (1976)

The Toxic Substances Control Act (TSCA), enacted in 1976, and revised in 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, provides EPA with authority to issue rules requiring reporting, record-keeping, and testing of specific chemicals and to establish regulations that restrict the manufacturing (including import), processing, distribution in commerce, use, and disposal of chemicals and mixtures. TSCA authorizes EPA to prevent unreasonable risks by regulating chemicals and mixtures, ranging from hazard warning labels to the outright ban on the manufacture, processing, distribution in commerce or use of certain chemicals and mixtures. EPA can take actions to address areas of concern for any of the substances listed in the TSCA Inventory, which currently contains about 85,000 chemicals. Under TSCA, “chemical

129 Wis. Admin. Code WEM 3. 130 “About the Office of Chemical Safety and Pollution Prevention,” EPA, accessed November 11, 2018 at: https://www.epa.gov/aboutepa/about-office-chemical-safety-and-pollution-prevention-ocspp.

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substances” include organic chemicals, inorganics, polymers, chemicals of unknown or variable composition, complex reaction products, biological materials, and intergeneric microorganisms. TSCA does not apply to pesticides, foods, drugs, cosmetics, tobacco, nuclear materials, or munitions.131

EPA tracks existing chemical substances in use or in the marketplace through the Chemical Substance Inventory. Through the Chemical Substance Inventory, EPA compiles, keeps current, and publishes a list of each chemical substance that is manufactured, imported, or processed. EPA created the Chemical Substance Inventory through a rule that went into effect on January 1, 1978, which required industry to report the chemical substances that had been in use or in commerce since January 1975. EPA subsequently published the initial Chemical Substance Inventory in 1979 based on that reporting, and periodically updated the inventory since then. The most recent version of the inventory, published in 2017, lists approximately 85,000 chemical substances. The Chemical Substance Inventory designates substances as “existing” if the substance is in the inventory; substances not in the inventory are “new chemical substances” and notice must be given to EPA so that the agency can review the new chemical and add it to the inventory before the applicant introduces the chemical in use or to the marketplace. The Chemical Substance Inventory also adds “flags” to substances for which there are manufacturing or use restrictions.132

In addition to the Chemical Substance Inventory, EPA also implemented the Chemical Data Reporting Program and the New Chemicals Review Program under the authority of TSCA. Both programs aid EPA in assessing the risks to human health and the environment posed by new chemical substances.

The New Chemicals Review Program is the system by which EPA evaluates “new chemical substances” that are not on the Chemical Substance Inventory to assess their risk profile. Ninety days before manufacturing or importing a new chemical substance, the manufacturer or importer must submit a Premanufacture Notice (PMN) for the substance, which includes the information necessary for EPA to conduct a risk and use evaluation. Based on the PMN, EPA determines the conditions and restrictions under which the substance may be manufactured and/or imported. Once EPA completes its review of the PMN, the applicant may begin importation or manufacture of the substance but must also submit a Notice of Commencement of Manufacture

131 “About the TSCA Chemical Substance Inventory,” EPA, accessed September 19, 2018 at: https://www.epa.gov/tsca-inventory/about-tsca-chemical-substance-inventory; “Overview of Biotechnology under TSCA,” EPA, accessed September 19, 2018 at: https://www.epa.gov/regulation-biotechnology-under-tsca-and-fifra/overview-biotechnology-under-tsca; 42 FR 64572. 132 “About the TSCA Chemical Substance Inventory,” EPA, accessed September 19, 2018 at: https://www.epa.gov/tsca-inventory/about-tsca-chemical-substance-inventory; “Basic Information for the Review of New Chemicals,” EPA, accessed November 26, 2018: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/basic-information-review-new; 48 FR 21742.

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or Import to EPA within 30 days of the start of the introduction of the chemical. Upon receipt of the Notice of Commencement of Manufacture or Import, EPA adds the substance to the Chemical Substance Inventory, designates it as “existing,” and adds flags regarding the manufacture or use restrictions that EPA determined to be appropriate in its PMN review.133

TSCA and its amendments have also established specific programs for the management of certain chemicals – namely, PCBs, asbestos, radon, lead, mercury, and formaldehyde. For example, the original 1976 legislation included a phased ban on the manufacture, processing, distribution in commerce and use of PCBs; the final ban took effect in 1979, except for specific uses of PCBs authorized by EPA and distribution of PCB items determined by EPA to be “totally enclosed”. It also established a strict protocol for cleanup, storage, and disposal of PCBs, including a permitting-type program for disposal of PCB waste. 40 CFR Part 761 contains the TSCA regulations that address PCBs.

TSCA section 6(e) establishes a set of requirements that apply throughout the lifecycle of PCBs. Specifically, TSCA prohibits the manufacturing, processing, distribution in commerce, and use of PCBs, except under certain exclusions, exemptions, and authorizations. Regulations implementing TSCA section 6(e), found in 40 CFR Part 761, contain certain criteria through which EPA may obtain additional knowledge of the PCB universe. For example, the regulatory use authorization for PCB Transformers generally require owners to register those transformers with EPA. TSCA also established EPA’s authority to promulgate rules to prescribe methods for the disposal of PCBs. The TSCA PCB regulations include storage and disposal requirements for specific types of PCB waste which are designed to prevent unreasonable risk of injury to health or the environment. These regulations may dictate comprehensive requirements, such as verification sampling and financial assurance, or may provide for the issuance of an approval (permit) = which takes into account factors specific to the facility and serves as an enforceable document that governs PCB activities at that facility. In particular, the PCB regulations provide for the cleanup and disposal of PCB remediation waste through self-implementing provisions, performance-based disposal requirements, and site specific risk-based approvals. Cleanup and disposal requirements can include notification, sampling, approval requirements, and institutional controls. Regulatory notification provisions for PCB waste activities require facilities to notify EPA of specific PCB activities, including transportation, disposal, storage, R&D/treatment, and certain generation. All affected PCB waste is manifested from the generator to final disposal.

133 “About the TSCA Chemical Substance Inventory,” EPA, accessed September 19, 2018 at: https://www.epa.gov/tsca-inventory/about-tsca-chemical-substance-inventory; “Basic Information for the Review of New Chemicals,” EPA, accessed November 26, 2018: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/basic-information-review-new.

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Numerous laws and regulations control use of asbestos and direct procedures for asbestos abatement. Under TSCA, in 1989, EPA imposed a partial ban on manufacture, import, processing, and distribution of some asbestos-containing products and in April 2019 Significant New Use Rule134 ensured that other discontinued uses of asbestos cannot reenter the marketplace without EPA review. OSHA has promulgated standards for asbestos exposure in work under 29 CFR Part 1926.1101. This part sets permissible exposure limits, set standards for restriction of access to regulated areas and require employers to provide respirators for employees in those areas, implement monitoring and exposure assessment testing and frequency requirements, and prescribe engineering controls and work practices for operations to come into compliance. Additionally, EPA’s Asbestos Worker Protection Rule, promulgated under the authority of the TSCA, extends these worker protections to state and local government employees involved in asbestos work who are not covered by OSHA’s asbestos regulations. Asbestos demolition methods are separately regulated by the Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) regulation under the Clean Air Act. The Asbestos NESHAP established requirements that apply to asbestos removal, transportation, and disposal practices from a variety of sources, and is intended to minimize the release of asbestos fibers during activities involving the handling of asbestos.135

PCBs, asbestos, and mercury are the most relevant to the electric power generation, transmission, and distribution industry damage case sites. Regulations that govern PCB spill reporting and cleanup take the same approach by requiring sampling of the spill and categorizing spill reporting and cleanup standards and requirements by the concentration of PCBs present in the spill. The presence of PCBs in concentrations greater than 50 ppm trigger reporting, disposal, and pre-cleanup sampling requirements. Further, spills that involve one pound or more of PCBs by weight necessitates that the operator report the spill to the National Response Center and spills that exceed ten pounds of PCBs require the responsible party to decontaminate the spill area in accordance with TSCA policy. Under 40 CFR Part 761.125, for high concentration spills and low concentration spills with significant total amounts of PCBs by weight (over one pound), within 24 hours of the time the responsible party became aware of the spill, the responsible party must notify the EPA regional office and the National Response Center, cordon off or delineate the area, record the area of visible concentration, and initiate cleanup and removal of visible traces of the spill fluid and affected media. Electrical substations must clean solid surfaces to a PCB concentration of 100 micrograms per 100 square centimeters, and clean contaminated soil to a concentration of 25 parts per million, or 50 parts per million if the affected area is clearly labeled. The regulations set out additional standards and practices for spills that contaminate surface water, sewers, or drinking water, and for spills that contaminate grazing land.

134 Restrictions on Discontinued Uses of Asbestos, 84 FR 17345 (April 25, 2019) 135 See https://www.epa.gov/asbestos/overview-asbestos-national-emission-standards-hazardous-air-pollutants-neshap#was.

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With respect to asbestos, TSCA requires employers to comply with OSHA standards for asbestos exposure in work under 29 CFR Part 1926.1101. This part sets permissible exposure limits, set standards for restriction of access to regulated areas and require employers to provide respirators for employees in those areas, implement monitoring and exposure assessment testing and frequency requirements, and prescribe engineering controls and work practices for operations to come into compliance. Additionally, EPA’s Asbestos Worker Protection Rule, promulgated under the authority of the TSCA, extends these worker protections to state and local government employees involved in asbestos work who are not covered by OSHA’s asbestos regulations.136

2. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (2016)

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), which Congress passed on June 22, 2016, amends TSCA. EPA is in the process of implementing regulations pursuant to the Lautenberg Act. The Lautenberg Act requires EPA to designate chemicals already on the Chemical Substance Inventory as either “high” or “low” priority, and then conduct risk evaluations of high priority substances under a new risk standard with a deadline for evaluation completion. EPA may shift substances that it initially designates as low priority to high priority upon review of additional information or as new manufacturing, processing, or use processes emerge. The new risk standard, which EPA also applies to PMN reviews, replaces the risk and benefit analysis that EPA used under the old TSCA with a safety standard that determines whether the substance poses an “unreasonable” risk, regardless of its use and potential benefit. The new standard also requires EPA to consider the risks to susceptible and highly exposed populations. If EPA identifies an unreasonable risk, it must take a risk management action, such as ban or phase out of the substance, within two years of identification, and it must implement the selected risk management action within five years. EPA must also publish annual reports on its ongoing risk evaluations.137

The Lautenberg Act also added designations to the Chemical Substance Inventory. Shortly after the Lautenberg’s Act passage, EPA issued a rule that required industry to report all the chemicals they manufactured, imported, or processed in the United States for the ten years prior to the passage of the act, from June 21, 2006 to June 21, 2016. The reporting periods for manufacturers and processors ended in 2018. Based on the results of this reporting, when EPA publishes future versions of the Chemical Substance Inventory, it will include a designation for each chemical

136 “Asbestos Laws and Regulations,” EPA, accessed April 18, 2019 at: https://www.epa.gov/asbestos/asbestos-laws-and-regulations. 137 “The Frank R. Lautenberg Chemical Safety for the 21st Century Act Implementation Activities,” EPA, accessed October 12, 2018 at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act-5’ “Highlights of the Key Provisions in the Frank R. Lautenberg Chemical Safety for the 21st Century Act,” EPA, accessed October 12, 2018 at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/highlights-key-provisions-frank-r-lautenberg-chemical.

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substance of either “active,” meaning that the chemical was manufactured, processed, or imported in the preceding ten years, or “inactive,” meaning that it was not in use during that period. The designation of active chemical substances will support EPA’s identification of high priority substances that will undergo risk evaluation.138

The Lautenberg Act also directed EPA to publish an inventory of mercury supply, use, and trade in the United States not later than April 1, 2017. EPA compiled the report from publicly available data and published the initial inventory on March 29, 2017. Based on this inventory, the Lautenberg Act further directed EPA to recommend actions to reduce mercury use.139 EPA supplemented the inventory with a rule that required manufacturers and importers of mercury to report on these practices, effective August 27, 2018, which will support future, triennial publication of the mercury inventory.140

3. Pollution Prevention Act (1990)

The PPA, which Congress passed in 1990, created a national policy framework to focus industry, government, and public attention on pollution and to prevent or reduce pollution at the source through cost-effective changes in production, operation, and raw materials use – a policy that was termed “source reduction”. Source reduction refers to practices that reduce hazardous substances from being released into the environment prior to recycling, treatment or disposal. The term includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, or inventory control.

PPA regulations are intended to focus regulatory attention and government action on the tenets of pollution prevention. Pursuant to that goal, EPA implements regulations that establish national policies calling for the reduction of source pollution and the recycling, treatment, and environmentally safe disposal of pollutant material that cannot be reduced at the source. EPA further issues grants to support pollution prevention measures implemented at the state level. In addition to the establishment of a national policy to promote pollution prevention, PPA regulations require facility owners and operators that file annual toxic chemical release forms to include toxic chemical source reduction and recycling reports with that filling.141

138 “TSCA Inventory Notification,” EPA, accessed September 19, 2018 at: https://www.epa.gov/tsca-inventory/tsca-inventory-notification-active-inactive-rule; 82 FR 37540. 139 82 FR 15522. 140 83 FR 30054; “The Frank R. Lautenberg Chemical Safety for the 21st Century Act Implementation Activities,” EPA, accessed April 18, 2019 at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act-5. 141 “Pollution Prevention Law and Policies,” EPA, accessed September 19, 2018 at: https://www.epa.gov/p2/pollution-prevention-law-and-policies; and “Summary of the Pollution Prevention Act,” EPA, accessed September 19, 2018 at: https://www.epa.gov/laws-regulations/summary-pollution-prevention-act; 42 U.S.C. §13106.

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4. Hazardous Material Transportation Act (1975) and Amendments

Transportation and pipeline regulations address another aspect of requirements related to the management of hazardous substances. The Department of Transportation implements these regulations through its Pipeline and Hazardous Materials Safety Administration (PHMSA). With respect to the transportation of hazardous materials by means other than pipeline, Congress enacted the Hazardous Material Transportation Act (HMTA) in 1975. The Department of Transportation has the power to designate substances and quantities that it believes may pose an unreasonable risk to health and safety or property as hazardous materials for the purposes of the act. HTMA empowers the Department of Transportation to implement packaging requirements, operational rules, and safety and preventative procedures and policies for transporters of designated hazardous materials.142

Congress amended HTMA with the Hazardous Materials Uniform Safety Act of 1990 (HMTUSA). In part, HMTUSA rationalized a conflicting set of state, local, and federal hazardous material transportation regulations. HMTUSA reaffirmed the Department of Transportation’s authority to designate hazardous materials and promulgate regulations for the transportation of those materials in intrastate, interstate, and foreign commerce. Further, through subsequent regulations implemented under the authority of HMTUSA, the Department of Transportation standardized federal and state highway routing regulations, created a federal permitting system for hazardous material transporters, and regulated the transportation of radioactive materials.143

5. National Gas Pipeline Safety Act (1968) and Amendments

A separate set of statutes established the regulatory regime for the transportation of hazardous materials via pipelines. The Natural Gas Pipeline Safety Act of 1968 was the first of these pieces of legislation and was later amended in 1976. The act created the Office of Pipeline Safety, which was later placed under PHMSA, to administer and promulgate pipeline safety regulations. Three years later following the initial amendment, the Hazardous Liquid Pipeline Safety Act of 1979 made liquid pipelines subject to the regulatory framework established through the Natural Gas Pipeline Safety Act. Congress further amended the pipeline regulations through: the Pipeline

142 “Transporting Hazardous Materials,” OSHA, accessed November 11, 2018 at: https://www.osha.gov/SLTC/trucking_industry/transportinghazardousmaterials.html; “Office of Pipeline Safety,” Department of Transportation, accessed November 26, 2018 at: https://www.transportation.gov/content/office-pipeline-safety. 143 “Transporting Hazardous Materials,” OSHA, accessed November 11, 2018 at: https://www.osha.gov/SLTC/trucking_industry/transportinghazardousmaterials.html.

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Safety Reauthorization Act of 1988; the Pipeline Safety Act of 1992; the Accountable Pipeline Safety and Partnership Act of 1996; the Pipeline Safety Improvement Act of 2002, the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006; the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011; and the Protecting Our Infrastructure of Pipelines Enhancing Safety Act of 2016. The key regulations implemented under the authority of these statutes establish reporting requirements and minimum federal safety standards for transporters of gas by pipeline, establish federal safety standards for liquefied natural gas facilities, and establish standards and requirements for the transportation of hazardous liquids by pipeline.144

6. State Regulations

The following section briefly summarizes noteworthy state hazardous substances management regulations that impose requirements on fossil fuel electric power generation facilities incremental to federal regulatory requirements. These regulations were collected from a review of state regulatory programs from a representative sample of states relevant to the fossil fuel electric power generation industry.145

• Pennsylvania prescribes method for the packing, loading, and unloading of hazardous materials. The regulations also specify the marking, inspection, condition, and equipment of vehicles transporting hazardous materials, driver qualifications, and other standards related to vehicles transporting hazardous materials.146

144 “A brief history of federal pipeline safety laws,” Pipeline Safety Trust, accessed November 11, 2018 at: http://pstrust.org/about-pipelines/regulators-regulations/a-brief-history-of-federal-pipeline-safety-laws/; “PHMSA’s Mission,” PHMSA, accessed November 26, 2018 at: https://www.phmsa.dot.gov/about-phmsa/phmsas-mission; “Protecting Our Infrastructure of Pipelines Enhancing Safety (PIPES) Act,” PHMSA, accessed November 11, 2018 at: https://www.phmsa.dot.gov/pipes-act; “Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011,” PHMSA, accessed November 11, 2018 at: https://www.phmsa.dot.gov/legislative-mandates/pipeline-safety-act/pipeline-safety-regulatory-certainty-and-job-creation-act. 145 For a description of EPA’s methodology to determine the representative sample of states, see Appendix I. For a comprehensive summary of the relevant state regulations that EPA located, see Appendix III. 146 67 Pa. Code 403.

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• Several states set state-level standards for the generation, transportation, processing, and disposal of used oil, including: Florida,147 Illinois,148 Iowa,149 Minnesota,150 Ohio,151 Pennsylvania,152 Texas,153 and Wisconsin.154

E. Hazardous and Non-Hazardous Waste Disposal and Management

While hazardous substances management regulations focus on the storage and transportation of CERCLA hazardous substances, a separate subset of regulations addresses hazardous waste disposal and management. Congress’s amendment of the 1965 Solid Waste Disposal Act (SWDA) with RCRA on October 21, 1976 marked the inception of the modern hazardous waste regulatory regime. The regulations promulgated under the authority of RCRA and its subsequent amendments allow EPA to address hazardous waste using a “cradle to grave” approach; RCRA’s scope comprises the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA statutes also address the designation of wastes as “hazardous,” the management and disposal of non-hazardous solid waste through the encouragement of state industrial and municipal waste management plans, and underground storage tanks that contain hazardous substances or petroleum products. EPA’s regulatory approach under RCRA has involved the generation of standards specific to types of hazardous wastes, types of hazardous waste disposal facilities, and types of hazardous waste disposal activities; EPA enforces these standards through permitting, reporting and inspection programs.155

1. Resource Conservation and Recovery Act (1976)

RCRA included broad policy goals to protect human health and the environment from the potential hazards of waste disposal, conserve energy and natural resources, reduce waste generation, and ensure that waste management practices are environmentally sound. Pursuant to these goals, RCRA established a hazardous waste disposal program under Subtitle C, a solid waste program for industrial and municipal solid waste under Subtitle D, and an underground 147 F.A.C. 62-710. 148 35 Ill. Adm. Code 739. 149 Iowa Administrative Code 567.119. 150 Minnesota Administrative Rules, Chapter 7045.0790-0990. 151 OAC 3475-279. 152 25 Pa. Code 298. 153 30 Tex. Admin. Code 324. 154 Wis. Admin. Code NR 679. 155 “EPA History: Resource Conservation and Recovery Act,” EPA, accessed September 26, 2018 at: https://www.epa.gov/history/epa-history-resource-conservation-and-recovery-act; “Summary of the Resource Conservation and Recovery Act,” EPA, accessed September 26, 2018 at: https://www.epa.gov/laws-regulations/summary-resource-conservation-and-recovery-act.

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storage tank program under Subtitle I. Under the authority of the hazardous waste program under Subtitle C, EPA promulgated its “cradle to grave” approach to controlling hazardous waste from generation to disposal.156

EPA’s first significant rulemaking under RCRA was its implementation of the hazardous waste and consolidated permit regulations, which EPA published on May 19, 1980, with an effective date of November 19, 1980. These regulations included the identification of hazardous wastes that would be regulated under RCRA Subtitle C. They also established standards for generators of hazardous waste, transporters of hazardous waste, and operators of hazardous waste treatment, storage, and disposal facilities (TSDFs). The TSDF standards include air emission standards for process vents, equipment leaks, tank systems, surface impoundments, and containers. TSDFs are also required to maintain a manifest system of the hazardous waste they received, among other recordkeeping and reporting standards. Slightly later in the 1980s, EPA promulgated regulations that set financial assurance requirements for TSDFs.157

Additionally, the 1980 RCRA regulations created permitting programs for hazardous waste generators, transporters, and TSDFs. The TSDF permitting programs include application procedures, permit approval conditions, and monitoring and reporting requirements. Operators that handle and manifest hazardous waste at any point in its lifecycle are to notify EPA of these activities. TSDFs must have permits for the entirety of the active life of the permitted unit, including during closure. RCRA permit applications have two parts: a standardized form (Part A) and a narrative document (Part B). New hazardous waste management facilities must submit both parts of the application at least 180 days before the commencement of construction and/or hazardous waste management activities.158

On January 26, 1983, EPA promulgated standards under RCRA Subtitle C for specific disposal types and disposal units. These standards cover solid waste management units, surface impoundments, waste piles, land treatment of hazardous waste, and landfills. EPA implements disposal type and unit specific standards through the RCRA permitting system. Requirements that permit holders must meet include response action plans, the enactment of monitoring and inspection programs, surveying and recordkeeping, emergency repair and contingency plans, and closure and post-closure plans and activities.159

In 1984, Congress enacted the Hazardous and Solid Waste Amendments (HWSA), which were signed into law on November 8, 1984. HWSA sought to minimize waste generation and phase out land disposal of hazardous waste. As such, in 1986, EPA promulgated a suite of regulations

156 “EPA History: Resource Conservation and Recovery Act,” EPA, accessed October 12, 2018 at: https://www.epa.gov/history/epa-history-resource-conservation-and-recovery-act. 157 45 FR 33063; 47 FR 15047. 158 45 FR 33063. 159 47 FR 32357.

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that established standards and restrictions for land disposal of hazardous waste. While the regulations set more stringent guidelines for the land disposal of hazardous waste, some hazardous wastes and some types of land disposal are prohibited altogether. Operators are prohibited from diluting hazardous waste with water and practicing land disposal as a substitute for treatment; operators were now required to practice land disposal only following treatment and only in appropriate surface impoundments. Further, operators must meet testing, removal, recordkeeping, and design requirements. Additional standards, restrictions, and prohibitions are in place for hazardous waste that exhibited ignitability, corrosivity, reactivity, or toxicity.160

HWSA set deadlines for the fulfillment of RCRA requirements and permitting programs; they required that all landfills and surface impoundments install groundwater monitoring, technical requirements, such as double liners and leachate collection, and obtain financial assurance by one year after they were signed into law on November 8, 1985. The amendments also added to RCRA’s waste programs regulations for small quantity generators and TSDFs, facilities that generated between 100 to 1,000 kilograms per month of hazardous waste, which were previously exempt from RCRA rules. These small quantity generator rules took effect on September 22, 1986.161

HWSA also established closure and post-closure requirements for hazardous waste TSDF facilities. In addition to closure standards that facilities must meet, facilities must also generate closure plans, which include allowances for time for the performance of closure related activities. Upon the completion of closure of a hazardous waste disposal unit, owners and operators of facilities must submit a certification of closure to the relevant EPA regional office. Post-closure requirements under RCRA cover 30 years following closure completion. Facilities must implement a post-closure plan that abides by post-closure property use and care guidelines. Notification and security requirements remain in place so long as hazardous waste is present at the facility, even after the 30-year post-closure period.162

In 1988, EPA finalized regulations under RCRA Subtitle I that included provisions relevant to hazardous waste, to be effective on October 26, 1989. The rule set out technical standards and corrective action requirements for owners and operators of underground storage tanks. It includes installation requirements, design standards, installation standards, notification requirements, operational procedures, release reporting requirements, release response and corrective action procedures for underground storage tank systems that contain petroleum or hazardous substances. The regulation also included financial responsibility for underground

160 51 FR 40572. 161 51 FR 40572. 162 51 FR 164444.

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storage tank owners and operators. In the same notification, EPA established guidelines for the approval of state underground storage tank programs.163

2. Solid Waste Disposal Amendments (1980)

In 1978, EPA initially proposed regulations for managing hazardous waste under Subtitle C, the agency deferred imposing hazardous waste requirements for six categories of waste until the completion of further study and assessment: cement kiln dust, mining and ore processing waste, oil and gas drilling muds and oil production brines, phosphate rock mining and processing waste, uranium waste, and utility waste, in other words, fossil fuel combustion waste. On October 12, 1980, Congress enacted the Solid Waste Disposal Amendments (SWDA), amending RCRA, which included regulations for managing non-hazardous waste under Subtitle, along with the Bentsen and Bevill Amendments. The Bentsen and Bevill Amendments exempted “special wastes” from regulation as hazardous wastes under Subtitle C of RCRA, including petroleum and fossil fuel combustion wastes, such as CCR. Instead, the Amendments called for further study and assessment of risk for the wastes that the special wastes. EPA would submit a formal report to Congress on the risk of the special wastes to human health and the environment, and then make a final regulatory determination within six months of report submission. The Bentsen Amendment designated drilling fluids, produced waters, and other wastes associated with the exploration, development, and production of crude oil or natural gas or geothermal energy as special wastes. The Bevill Amendment designated fossil fuel combustion waste, mining and mineral processing waste, and cement kiln dust as special wastes.164

Ultimately, EPA divided fossil fuel combustion waste into two subcategories: 1) large-volume coal combustion wastes generated at electric utility and independent power producing facilities; and 2) all other fossil fuel combustion wastes, such as those at power producing facilities that are co-managed with other coal combustion wastes, coal combustion wastes generated at non-utilities, and waste from the combustion of other fuels, including oil and natural gas.165 EPA also submitted a report to congress on electric utility coal combustion waste in February 1988.166 On 163 53 FR 37082 and 43322; “1988 Underground Storage Tanks; Technical Requirements; Final Rule and Underground Storage Tanks Containing Petroleum – Financial Responsibility Requirements and State Program Approval Objective; Final Rule,” EPA, accessed November 27, 2018 at: https://www.epa.gov/ust/1988-underground-storage-tanks-technical-requirements-final-rule-and-underground-storage-tanks. 164 “Wastes – Non-Hazardous Waste – Industrial Waste,” EPA, accessed October 12, 2018 at: https://archive.epa.gov/epawaste/nonhaz/industrial/special/web/html/index.html; “Special Wastes,” EPA, accessed October 12, 2018 at: https://www.epa.gov/hw/special-wastes. 165 “Special Wastes,” EPA, accessed October 12, 2018 at: https://www.epa.gov/hw/special-wastes; “Legislative and Regulatory Timeline for Fossil Fuel Combustion Wastes,” EPA, accessed October 12, 2018 at: https://www.epa.gov/coalash/legislative-and-regulatory-timeline-fossil-fuel-combustion-wastes. 166 “Legislative and Regulatory Timeline for Fossil Fuel Combustion Wastes,” EPA, accessed October 12, 2018 at: https://www.epa.gov/coalash/legislative-and-regulatory-timeline-fossil-fuel-combustion-wastes; United States Environmental Protection Agency, “Report to Congress: Wastes from the Combustion of Coal by Electric Utility

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August 9, 1993, EPA determined that fly ash, bottom ash, boiler slag, and flue gas emission control dust from coal-fired electric utility plants were not to be considered as hazardous wastes under RCRA.167 On March 31, 1999, EPA submitted a report to Congress addressing the other category of fossil fuel combustion waste.168 On May 22, 2000, EPA determined that non-hazardous waste regulations under RCRA Subtitle D are necessary for coal combustion wastes disposed of in landfills and surface impoundments, and used as mine fill. The May 22, 2000 regulatory determination also confirmed the exemption of large-volume coal combustion wastes and the remaining fossil fuel combustion wastes from RCRA Subtitle D regulation.169

EPA published a final rule on the disposal of coal combustion waste from electric utilities on April 17, 2015. EPA published an update in the Federal Register on July 2, 2015 that set the effective date of the CCR rule on October 19, 2015. The rule establishes technical requirements for landfills and surface impoundments that contain coal combustion waste. With these technical requirements, the rule addresses risks from CCR disposal such as groundwater contamination, windborne coal ash emissions, and catastrophic failure.170 In any cases where releases might occur, the 2015 CCR Rule includes both closure and corrective action provisions that could be used to remedy those releases. These regulations establish minimum national criteria for existing and new CCR landfills, existing and new CCR surface impoundments, and lateral expansions of these units including: location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure and post closure care requirements, as well as recordkeeping, notification, and internet posting requirements. These regulatory requirements are designed specifically to prevent the types of risks from CCR that have occurred in the past. EPA did not establish financial assurance requirements as part of the CCR rule.171

Power Plants,” February 1988, accessed October 12, 2018 at: https://www.epa.gov/sites/production/files/2015-08/documents/coal-rtc.pdf. 167 “Legislative and Regulatory Timeline for Fossil Fuel Combustion Wastes,” EPA, accessed October 12, 2018 at: https://www.epa.gov/coalash/legislative-and-regulatory-timeline-fossil-fuel-combustion-wastes; 58 FR 42466. 168 “Legislative and Regulatory Timeline for Fossil Fuel Combustion Wastes,” EPA, accessed October 12, 2018 at: https://www.epa.gov/coalash/legislative-and-regulatory-timeline-fossil-fuel-combustion-wastes; United States Environmental Protection Agency, “Report to Congress: Wastes from the Combustion of Fossil Fuels,” March 31, 1999, accessed October 12, 2018 at: https://www.epa.gov/sites/production/files/2015-08/documents/march_1999_report_to_congress_volumes1and2.pdf. 169 “Special Wastes,” EPA, accessed October 12, 2018 at: https://www.epa.gov/hw/special-wastes; 65 FR 32213. 170 80 FR 21301; 80 FR 37988; “Disposal of Coal Combustion Residuals from Electric Utilities,” EPA, accessed March 22, 2019 at: https://www.epa.gov/coalash/coal-ash-rule. 171 In the proposal for the 2015 CCR Rule the Agency stated that the RCRA subtitle D alternative did not include proposed financial responsibility requirements and that any such requirements would be proposed separately. The Agency solicited comment on whether financial responsibility requirements under CERCLA § 108(b) should be a key Agency focus under a RCRA subtitle D approach. While the Agency received numerous comments urging the Agency to establish financial responsibility as part of the subtitle D option, the CERCLA § 108(b) option did not receive significant support. EPA did not require financial assurance requirements as part of the 2015 CCR Rule and committed to continue to investigate the use financial responsibility requirements under other statutory authorities.

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While the rule became effective in 2015, it established timeframes for the technical criteria based on the amount of time needed to implement the requirement. Thus, for some requirements implementation is complete, and for other requirements, activities are ongoing. The implemented standards themselves have materially reduced risk by, for example, imposing structural integrity criteria on surface impoundments holding CCR to help prevent damages that would occur if the unit’s embankment or dike failed structurally, such as the dike failure at the TVA Kingston Plant in 2008. One of these criteria is that the surface impoundment must be assessed to demonstrate that the unit design and operation meet minimum factors of safety, and if the unit does not, the surface impoundment must be closed. The deadline to complete this initial assessment was 2016 or 2108, depending on designations in the rule, and represents an important rule protection that has been implemented.172

An example of an important risk-reducing requirement of the 2015 CCR rule for which implementation is ongoing is the requirement for groundwater monitoring and corrective action. Owners and operators of landfills and surface impoundments holding CCR are required to install a system of monitoring wells to detect releases of hazardous constituents from the units. If this monitoring shows an exceedance of a groundwater protection standard for specific constituents, corrective action must be taken to remedy the contamination. The groundwater monitoring and corrective action program is an example of a requirement that is ongoing but has already provided meaningful protection by identifying issues and requiring corrective action. Based on information made publicly available by electric utilities, current groundwater monitoring results show that a significant percentage of the electric utilities will need to implement the rule’s corrective action program and will also be required to close the CCR unit. At this point, electric utilities are at the early stages of implementing the corrective action program.

The 2015 CCR Rule also established timelines and standards for closure and post-closure care. Specifically, the rule requires all CCR units to close in accordance with specified standards and to monitor and maintain the units for a period of time after closure, including the groundwater monitoring and corrective action programs. These criteria help ensure the long-term safety of closed CCR units.

3. State Regulations

The following section briefly summarizes noteworthy state hazardous waste disposal and management regulations that impose requirements on fossil fuel electric power generation facilities incremental to federal regulatory requirements. These regulations were collected from a

172 The 2015 CCR Rule requires that operating surface impoundments must be re-assessed every five years to ensure that the unit remains structurally sound.

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review of state regulatory programs from a representative sample of states relevant to the fossil fuel electric power generation industry.173

• Florida sets requirements for above ground and underground storage tank systems that store regulated substances in order to minimize the occurrence and environmental risk of releases and discharges, which include provisions for regular compliance inspections.174 Florida also maintains a permitting system for underground injection wells, which includes well classifications and public notice requirements, as well as monitoring requirements.175 Additionally, Florida establishes standards for the construction, operation, and closure of solid waste management facilities, including permit fees, requirements and criteria for landfill construction, hydrogeological and geotechnical investigation requirements, water quality monitoring requirements, long-term care requirements and procedures, and financial assurance requirements that stipulate the submission of closure and corrective action cost estimates. These standards apply to fossil fuel combustion products such as fly ash, bottom ash, flue-gas emission control materials, and other combustion residuals, except those combustion products that are beneficially used in applications including structural fill, asphalt or concrete products, and waste stabilization.176

• Illinois regulates the underground injection hazardous waste through its Underground Injection Control (UIC) Program. The program establishes a permitting system, outlines hazardous waste management requirements, and imposes financial assurance requirements for hazardous waste injection wells.177 Illinois also sets basic minimum standards governing the acceptable management of hazardous waste in conjunction with the RCRA permitting program.178 Illinois identifies and prohibits certain hazardous wastes that are restricted from land disposal and disposal in landfills.179 Additionally, Illinois establishes standards for newly constructed solid waste landfills, including separate standards for solid waste landfills, recordkeeping requirements, and financial assurance requirements.180

173 For a description of EPA’s methodology to determine the representative sample of states, see Appendix I. For a comprehensive summary of the relevant state regulations that EPA located, see Appendix III. 174 F.A.C. 62-761 and F.A.C. 62-762. 175 F.A.C. 62-528. 176 F.A.C. 62-701; 43.7047, F.S. 177 35 Ill. Adm. Code 730. 178 35 Ill. Adm. Code 724. 179 35 Ill. Adm. Code 724 and 35 Ill. Adm. Code 729. 180 35 Ill. Adm. Code 811.

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• Iowa has siting, design, and operating requirements for CCR landfills, which include a permitting program, design criteria, close and post-closure requirements, and provision for submission of post-closure plan.181 A separate Iowa regulation establishes financial assurance for closure, post-closure, and corrective activity at CCR landfills.182

• Kentucky establishes general provisions applicable to the disposal of solid waste and the management of all hazardous waste, including the establishment of baseline environmental performance standards for relevant waste facilities.183 Kentucky also establishes rules for owners and operators of underground storage tank systems, outlining standards for registration, construction, performance, leak detection, recordkeeping, release reporting, corrective action, closure, and financial responsibility requirements.184 Additionally, Kentucky establishes standards for the disposal of CCR generated from burning coal for the purpose of generating electricity, including a permitting program.185

• Minnesota requires that any person who installs, repairs, or takes out of service underground storage tanks obtain a certificate of competency from the Minnesota Pollution Control Agency.186 Minnesota also establishes regulations for the design, construction, operation and maintenance, release detection, and closure of underground storage tanks.187

• Missouri also establishes state level technical standards for underground storage tanks designed to protect groundwater quality and human health.188

• North Carolina has technical standards and corrective action requirements that apply to owners and operators of underground storage tanks, which cover design, construction, installation, notification, release detection, reporting, and investigation.189

• Pennsylvania establishes regulations for owners and operators of aboveground and underground storage tanks and storage facilities that outlines a certification program for installers and inspectors, a permitting program, technical standards, a corrective action

181 Iowa Administrative Code 567.103.1. 182 Iowa Administrative Code 567.103.3. 183 401 KAR 30. 184 401 KAR 42. 185 401 KAR 46. 186 Minnesota Administrative Rules, Chapter 7105. 187 Minnesota Administrative Rules, Chapter 7150. 188 10 CSR 26-2.010-2.083. 189 15A NAC 02N 0.100-1000.

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process, and financial responsibility requirements.190 Pennsylvania also modifies the federal Hazardous Waste Permit Program with respect to the payment of fees; confidentiality of information; permitting modification, termination, revocation, and reissuance procedures; continuation of existing permits; public notice and hearings; and procedures for standardized permits.191

• Texas establishes requirements for underground storage tanks located over certain aquifers in the state to protect and maintain the quality of groundwater resources.192

• Wisconsin operates a state-level hazardous waste licensing program that requires generators of hazardous waste, owners and operators of hazardous waste TSDFs, and transporters of hazardous waste must notify state authorities about those activities.193

F. Effectiveness of Federal and State Environmental Regulations

Fossil fuel electric power generation facilities, specifically coal-fired power plants, are historically among the largest sources of air pollution in the United States.194 One recent study that attempted to quantify the monetary damages of air emissions for the pollutants regulated under NAAQS at electric power generation, oil and gas extraction, coal mining, and oil refineries found that sulfur dioxide emissions from power generation facilities had contributed the most to social damages from pollution.195 Another study demonstrated that as of 2013, power plants produced two thirds of the sulfur dioxide air emissions and one third of the nitrogen oxides air emissions – two greenhouse gases and contributors to acid rain – in the United States.196 Additionally, electric power generation units have been the focus of recent EPA amendments and implementations of CAA regulations, such as the 2011 CSAPR regulations and the NESHAPs electric generation unit MACT standards for mercury and air toxins, or MATS, which were effective as of April 2012.197

190 25 Pa. Code 245. 191 25 Pa. Code 270a. 192 30 Tex. Admin. Code 214. 193 Wis. Admin. Code NR 670. 194 R.J. Campbell, P. Folger, and P. Brown, “Prospects for Coal in Electric Power and Industry,” U.S. and World Coal Production: Developments and Projections (2013): 53-78. 195 P. Jaramillo and N.Z. Muller, “Air Pollution Emissions and Damages from Energy Production in the U.S.: 2002-2011,” Energy Policy 90 (2016): 202-211. 196 Jonas Monast and Sarah K. Adair, “A Triple Bottom Line for Electric Utility Regulation: Aligning State-Level Energy, Environmental, and Consumer Protection Goals, Columbia Journal of Environmental Law 38, No. 7 (2013). 197 “Basic Information about Mercury and Air Toxics Standards,” EPA, accessed September 19, 2018 at: https://www.epa.gov/mats/basic-information-about-mercury-and-air-toxics-standards; “Overview of the Cross-State

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As a result, much of the recent literature that EPA located on the effectiveness of regulations relevant to fossil fuel electric power generation facilities focused on air pollution regulations. This reflects both that air emissions are the preeminent vector through which pollutants from electric power generation plants reach the environment and the recent regulatory focus on air emissions from power plants. Overall, the literature finds that increasing emissions regulations have been effective at reducing air pollutant concentrations, particularly those regulations that end exemptions for older facilities and require those facilities to install new pollution control technology. However, these regulations have also subjected older, especially coal fired facilities to greater compliance costs, threatening to send the facilities offline and reduce the country’s coal-based electric generation capacity. Electricity generation with renewable and non-fossil fuel sources has increased significantly in the last 5 years. Fossil fuel sources constituted 69 percent of total electricity generation in 2009. In 2018, that number had dropped to 63 percent. Further, coal was the source of 44 percent of electricity in the United States in 2009 but only 27 percent in 2018.198 The literature emphasizes this tension between effective, comprehensive air pollution regulation and the costs they impose on a significant portion of the electric power plants in the U.S. Additionally, studies have found that a regulatory focus on air pollution has caused power plants to shift toxic releases to other media, canceling out any reductions in air pollution through increases in water or land pollution or transfers of pollution to recycling facilities.199

Many of the regulations that EPA implemented under the authority of the CAA, such as NSPS and NSR, create technological and performance standards that apply to facilities that were constructed after the implementation of the regulations, or that made major modifications to their operations after the implementation date of the regulations. The regulations require applicable facilities to install expensive pollution control technologies. As a result, facilities that were in operation before the regulations became effective and that continued to operate in largely the same manner from the effective date of the NSPS and NSR regulations had their emission performance and technological standards effectively grandfathered into compliance because they were never new or modified facilities. Thus, they avoided the hefty environmental capital costs that the regulations imposed. This has created a gap in the air-related regulations that is particularly applicable to fossil fuel electric power generation facilities. Many have been in

Air Pollution Rule (CSAPR),” EPA, accessed September 19, 2018 at: https://www.epa.gov/csapr/overview-cross-state-air-pollution-rule-csapr. 198 “Electric Power Monthly, Table 1.1. Net Generation by Energy Source: Total (All Sectors), 2009-January 2019,” U.S. Energy Information Administration, accessed March 26, 2019 at: https://www.eia.gov/electricity/monthly/epm_table_grapher.php?t=epmt_1_01. 199 Xiang Bi, “‘Cleansing the air at the expense of waterways?’ Empirical evidence from the toxic releases of coal-fired power plants in the United States,” Journal of Regulatory Economics 51, No.1 (2017): 18-40.

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operation for a long period of time and avoided installation of best available environmental technologies as a matter of capital savings.

Bushnell and Wolfram further elucidate the relationship between the NSR regulations and capital investment at fossil fuel electric power plants, theorizing that NSR reduced capital investment and led to higher emissions as plants clung to their grandfather exemptions. While their study finds that NSR decreased capital investment rates at relevant plants, they did not find a corresponding increase in emissions at those plants.200 This suggests that while plants did not upgrade their pollution control technology to best available standards, the technology did not deteriorate in efficiency and/or facilities continued to replace the technology as needed without foregoing their exemption.

Evans, Hobbs, Oren, and Palmer modeled the implementation of an equipment replacement provision regulation on power plants, a proposed EPA amendment to NSR that the court system ultimately threw out, which would have allowed facilities greater leeway in replacing plant equipment, including environmental management and emission control technology, while maintaining their exempt status. They find that only under aggressive implementation of the pre-revision NSR statute in conjunction with the Clean Air Interstate Rule (the precursor to CSAPR) regulations would emission reductions in the fossil fuel power generation industry exceed emissions that the equipment replacement provision could achieve. Even then, the emission reductions of the pre-revision NSR would be delayed in comparison to the equipment replacement provision’s effects.201 These studies demonstrate that the perpetuation of NSR’s two tiered facility status system and restrictions on modifications to exempt facilities may inhibit emission reductions by incentivizing industry to keep aging and exempt plants in operation, though they also conclude that the rollout of CSAPR will resolve many of those issues, at least in terms of emissions levels.

Shifting focus to the similarly structured NSPS regulations, Cohan and Douglass compare the cost and benefits of the installation of retrofit control technologies against the application of NSPS emissions limits to all facilities. They find that installing retrofit control technologies would have carried a capital cost of $11.3 billion in 2004 but reduced 2005 emissions of nitrous oxides by 56 percent and sulfur dioxide by 72 percent; comprehensive NSPS limits would have achieved slightly more emissions reductions, though that result is speculative. Finally, they note that the implementation of CSAPR may yield the same emission reduction results as the

200 J.B. Bushnell and C.D. Wolfram, “Enforcement of Vintage Differentiated Regulations: The Case of New Source Review,” Journal of Environmental Economics and Management 64, No. 2 (2012): 137-152. 201 D.A. Evans, B.F. Hobbs, C. Oren, and K.L. Palmer, “Modeling the Effects of Changes in New Source Review on National SO2 and NOx Emissions from Electricity Generating Units,” Environmental Science and Technology 42, No. 3 (2008): 347-353.

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comprehensive imposition of NSPS but, conversely, will incentivize fossil fuel electric generators to keep grandfathered facilities online because of the prohibitions it places on increases to power generation capacity.202 Again, Cohan and Douglass come to a similar conclusion about NSPS as the NSR studies in the previous paragraph: CSAPR will lower emissions, but NSPS has artificially kept aging, poor performing facilities in operation because of its strict exemption qualifications.

As EPA air regulations increase in stringency and scope to cover the emissions of old, unmodified fossil fuel electric power plants, operators face mounting incentives to take their facilities and corresponding generation capacity offline. The incentives further contribute to a trend of older fossil fuel plants that are coming offline as the result of attrition. Campbell, Folger, and Brown lay out an economic environment for coal fired electric power generators in which the growing use of cheap, easy to access natural gas coupled with increasing compliance burdens to meet air emissions standards are pushing coal fired plants offline. From 2009 to 2018, coal’s share of power generation in the United States dropped from 44 percent to 27 percent.203 Campbell, Folger, and Brown concur with Cohan and Douglass’s findings that the compliance costs for retrofit technologies to meet environmental regulations could total tens of billions of dollars. By 2016, EIA projects that 27 gigawatts of coal-fired electric generation capacity will come out of operation, accounting for 8.5 percent of the total coal-fired capacity in the U.S. By indirectly closing NSR and NSPS exemption loopholes for older plants through more stringent air emissions regulations such as CSAPR, Campbell, Folger, and Brown argue that EPA is forcing those grandfathered plants out of operation altogether.204

In addition to CSAPR, McCarthy identifies MATS as another recent rule that EPA promulgated under the authority of the CAA that places a financial burden on older fossil fuel electric power plants. At the time of its promulgation, EPA estimated that the rule would be among its most expensive to implement, quoting a cost to industry of approximately $9.6 billion. EPA further noted, however, that while the rule will impose technology installation requirements on older coal fired plants that were previously exempt from NSR and NSPS, standards, those facilities make up less than half of the active coal fired plants in the U.S., and coal fired plants, themselves, make up less than half of electric generation capacity in the country. Additionally, the EPA estimated the annual benefits of the rule at approximately $37 billion to $90 billion;

202 D. Cohan and C. Douglass, “Potential Emissions Reductions from Grandfathered Coal Power Plants in the United States,” Energy Policy 39, No. 9 (September 2011): 4816-4822. 203 “Electric Power Monthly, Table 1.1. Net Generation by Energy Source: Total (All Sectors), 2009-January 2019,” U.S. Energy Information Administration, accessed March 26, 2019 at: https://www.eia.gov/electricity/monthly/epm_table_grapher.php?t=epmt_1_01. 204 R.J. Campbell, P. Folger, and P. Brown, Prospects for Coal in Electric Power and Industry, U.S. and World Coal Production: Developments and Projections, CRS Report to Congress, March 13, 2013.

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these benefits largely derive from estimates that the rule will prevent approximately 11 thousand premature deaths each year.205 In a separate analysis of MATS’s impact on the electric power plant industry, McCarthy and Copeland, however, summarize concerns about a suite of regulations applicable to the coal industry that EPA was set to promulgate from 2011 to 2013. According to McCarthy and Copeland, the regulations represented a potential regulatory “train-wreck” that could lead to the retirement of older coal fired plants and harm the U.S.’s electric generation capacity.206

In addition to the establishment of facility specific performance and technological standards, EPA and state agencies have the legislative authority to regulate air emissions from fossil fuel electric generation facilities through market-based solutions. For example, under a cap and trade system, facilities with emissions below a set standard could sell their remaining capacity to facilities that had exceeded the standard or bank their allowance to offset future exceedances they may commit. In the same vein, under a tradable standards program, facilities can trade emissions performance among themselves so that the industry remains compliant with emissions targets. In an analysis of the financialization of air emissions, Burtraw, Linn, Palmer, and Paul characterize the valorization of greenhouse gas emissions as creating assets that could be distributed among power plants, electric consumers, and governments. However, they find that the distribution of emissions-based assets has little effect on electricity prices, but also imposes a greater societal cost than regulations that raise government revenue.207

Despite the above issues related to emissions from older, unmodified power plants, studies suggest that the existing air pollution regulatory regime has contributed to a reduction in emissions. For example, Jaramillo and Muller completed a study of monetary damage that resulted from several industry emitters of NAAQS pollutants, including electric power generation facilities, from 2002 through 2011. They find that the social damages related to these emissions totaled $131 billion in year 2000 dollars, with sulfur dioxide emissions from power generators the costliest form of emissions. However, they also conclude that emissions have decreased significantly since 2002 and emphasize the benefit of spatially heterogenous federal regulations. In other words, regulations like CSAPR that recognize that the impacts of air pollutions vary on a geographic basis.208 Additionally, Lewandowski, Deluliis, and Lindsay’s

205 J.E. McCarthy, EPA’s Utility MACT: Will the Lights Go Out?, CRS Report to Congress No. R42144, January 9, 2012. 206 J.E. McCarthy and C. Copeland, EPA’s Regulation of Coal-Fired Power: Is a “Train-Wreck’ Coming?, CRS Report to Congress No. R41914, August 8, 2011. 207 D. Burtraw, J. Linn, K. Palmer, and A. Paul, “The Cost and Consequences of Clean Air Act Regulation of CO2 from Power Plants,” American Economic Review 104, No. 5 (2014): 557-562. 208 P. Jaramillo and N.Z. Muller, “Air Pollution Emissions and Damages from Energy Production in the U.S.: 2002-2011,” Energy Policy 90 (2016): 202-211.

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work on earlier, late 20th century environmental regulations that require coal fired power plants to install scrubbers and selective catalytic reduction systems to reduce air emissions find that those regulations reduced sulfur dioxide emissions at fossil fuel electric power plants from 17 million tons in 1980 to 10 million tons in 2002.209 Thus, the available literature suggests that federal regulation of electric power plants has been effective, even as it threatens to take older plants offline.

Case studies of state air regulations that set standards stricter than those in federal regulations demonstrate that those incremental increases in stringency yield additional emission reductions. Further, the success of these regulations suggests that EPA regulations that impose standards on facilities that emit air pollution across state lines would be effective. Li and Gibson studied the effects of North Carolina’s Clean Smokestack Act of 2002 by examining air concentrations of sulfur dioxide and particulate sulfate air in the southeastern U.S. from 2002-2012.210 North Carolina is one of two states in southeast, along with Florida, that has more than 2 percent of the U.S.’s coal fired electric power plants.211 The 2002 rule required production emission reductions incremental to federal standards. Li and Gibson find that sulfur dioxide emission concentrations in the region declined approximately 20 percent per year from 2002 to 2012 and particulate sulfate concentrations declined approximately 9 percent annually over the same period. In addition to the study’s demonstration of the effectiveness of incremental state emissions standards, Li and Gibson conclude that it shows the potential effectiveness of CSAPR and other measures that account for air pollution mobility when determining emission standards.

In addition to reductions in air pollutant emissions, the existing air pollution regime has also fostered environmental technological innovations. Galloway and Johnson’s study of electric power plant emission efficiency finds that power plants increase efficiency in response to these geographically targeted regulations, at least in part because of the installation of more efficient emissions technology. They examine county-level data because states impose more stringent air quality standards in counties that have not attained NAAQS compliance. Electric power generation companies have also diffused advancements in environmental technological efficiency that the air emission regulatory regime has spurred. Galloway and Johnson show that facilities that are affected by stricter regulations and respond with technological innovation

209 D. Lewandowski, N. Deluliis, and K. Lindsay, “Regulations Spur Demand for Eastern Coal,” Power 148, No. 8 (2004): 34-36. 210 Y.R. Li and J.M. Gibson, “Health and Air Quality Benefits of Policies to Reduce Coal-Fired Power Plant Emissions: A Case Study in North Carolina,” Environmental Science and Technology 48, No. 17 (2014): 10019-10027. 211 Regulatory Impact Analysis: EPA's 2018 RCRA Proposed Rule Disposal of Coal Combustion Residuals from Electric Utilities; Amendments to the National Minimum Criteria (Phase One), U.S. EPA, Office of Resource Conservation and Recovery, March 2018.

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transfer those enhancements to other power plants owned by the same entity, but which are not in the same county as the facilities subject to the stricter regulations.212

While environmental regulations applicable to fossil fuel power plants have focused on air emissions, Bi argues that power plants respond to air regulations by shifting pollution to other environmental media, such as waterways or land. Bi evaluated TRI reporting data from 228 coal-fired power plants to examine this shift in release pathways. Bi finds that stricter air pollution regulations, such as the designation of certain counties as having nonattainment status with respect to NAAQS, incentivizes power plants to install air pollution control technologies such as scrubbers. While these technologies remove pollutants from the air, they capture the pollutants in solid form in a toxic sludge. This toxic sludge is categorized as CCR and power plants dispose of the sludge in landfills, through discharges to waterways, or by transferring the sludge to offsite recycling facilities. Bi finds that the imposition of more stringent CAA regulations through NAAQS nonattainment designations increased power plant toxic releases to waterways and land. Bi’s study suggests that future analyses of the effectiveness of environmental regulations should take a holistic approach to capture spillover effects. Further, media-specific regulations implemented without corresponding regulations on emissions or releases through other pollution pathways risk transferring contaminants, rather than eliminating their release.213

212 E. Galloway and E.P. Johnson, “Teaching an Old Dog New Tricks: Firm Learning from Environmental Regulation,” Energy Economics 59 (2016): 1-10. 213 Xiang Bi, “‘Cleansing the air at the expense of waterways?’ Empirical evidence from the toxic releases of coal-fired power plants in the United States,” Journal of Regulatory Economics 51, No.1 (2017): 18-40.

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SECTION II. INDUSTRY VOLUNTARY PROGRAMS

EPA reviewed facility RMPs, industry materials, governmental literature, and academic literature to locate voluntary programs that: 1) attempt to address CERCLA hazardous substance management, disposal, and release prevention, mitigation, and response; 2) that are relevant to fossil fuel electric power facilities; and 3) in which fossil fuel electric power facilities participate. The following subsection summarizes the results of that review. Next, EPA reports the results of its review of governmental and academic literature on the effectiveness of voluntary programs in the fossil fuel electric power industry at preventing releases hazardous substances and mitigating the harm that may result from releases.

A. Programs Summary

Environmental industry voluntary programs are inextricably linked to regulating agencies. The EPA founded the first major industry voluntary program in 1991: the 33/50 Program (also referred to as the Industrial Toxics Project). EPA established the 33/50 Program to reduce releases of 17 chemicals, some of which had been identified as ozone depleting chemicals under the Montreal Protocol. The program solicited industry participants with the goal of reducing releases of the target chemicals from the baseline level set in 1988 by 33 percent by 1992, and by 50 percent by 1995. EPA used the program, in part, to evaluate whether voluntary partnerships with industry could supplement EPA’s regulatory regime to achieve pollution reductions. The program’s success – releases of the 17 chemicals were reduced by 50 percent from 1988 levels by 1994 – augured EPA’s increasing focus on industry voluntary partnerships as agency policy alongside regulatory implementation.214 Upon the 33/50 Program’s inception in 1991, voluntary programs were a relatively new concept to industry. When the 33/50 Program ended in 1996, over 1,300 companies described the program as a success and lobbied for the replacement of regulatory oversight with a framework of voluntary programs to achieve environmental goals.215

Due in part to these successes, many industry voluntary programs are sponsored or promoted by federal or state agencies to supplement regulations. EPA also located programs sponsored by non-profit organizations, trade associations, and local communities. Some of the programs set discharge, emissions, and safety standards that facilities may follow that supplement federal and state standards and may come with a certification from the government agency or industry group that promulgates the standards. Other programs solicit reporting on emissions or other data to publish industry performance reports. Programs also establish forums for coordination among facilities and/or entities, and between facilities and/or entities and government agencies to share

214 U.S. Environmental Protection Agency, Office of Pollution Prevention and Toxics, 33/50 Program: The Final Record, March 1999. 215 M. Zatz and S. Harbour, “The United States Environmental Protection Agency’s 33/50 Program: The Anatomy of a Successful Voluntary Pollution Reduction Program,” Journal of Cleaner Production 7, No. 1 (1999): 17-26.

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best practices for environmental or safety guidelines and procedures, or coordination to facilitate emergency response.

At the federal level, OSHA, EPA, and the Energy Information Administration (EIA) all sponsor or collect information about industry voluntary programs. The OSHA programs directly related to coal-fired utility plants are largely focused on worker safety, emissions reporting and management, and waste discharges. In 1982, OSHA announced the Voluntary Protection Programs (VPP) to promote workplace safety and health by establishing cooperative relationships at facilities that implement a comprehensive safety and health management system. The program is intended to proactively prevent fatalities, injuries, and illnesses through a system focused on: hazard prevention and control; worksite analysis; training; and management commitment and worker involvement. Acceptance into the program requires union support and a rigorous onsite evaluation by a team of safety and health professionals; however, VPP participants are exempt from OSHA programmed inspections while they maintain their VPP status.216

The more recent OSHA Challenge Program has a similar goal of helping facilities develop and/or improve their safety and health management programs, beginning in 2004. Unlike the VPP, the Challenge Program does not allow for facilities to be exempted from OSHA programmed inspections. This program has three stages to help facilities access the performance of existing safety programs and policies, implement and improve their safety management program, and continuously monitor and reassess their safety policies.217

The EPA has several voluntary programs or efforts to help mitigate and manage emissions of byproducts or waste products of coal-fired utility plants. In 2001, EPA established the Combined Heat and Power (CHP) Partnership as a voluntary program that promotes efficient CHP technologies across the United States to increase the efficiency of the nation’s energy supply, reduce total fossil fuel use, and reduce emissions of greenhouse gases and air pollutants. The Partnership works closely with energy users, the CHP industry, state and local governments, and other clean energy stakeholders to facilitate the development of new projects and to promote their environmental and economic benefits. The CHP Partnership provides tools, policy information, and other resources to: energy users, the CHP industry, clean air officials, and other clean energy stakeholders.218 EPA created another partnership in 2012 called the Center for Corporate Climate Leadership to establish norms of climate leadership by encouraging organizations with emerging climate objectives to identify and achieve cost-effective greenhouse

216 “All About VPP,” OSHA, accessed October 16, 2016 at: https://www.osha.gov/dcsp/vpp/all_about_vpp.html. 217 “OSHA Challenge,” OSHA, accessed October 16, 2018 at: https://www.osha.gov/dcsp/vpp/challenge.html. 218 “About the CHP Partnership,” EPA, accessed October 16, 2018 at: https://www.epa.gov/chp/about-chp-partnership.

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gas emission reductions, while helping more advanced organizations drive innovations in reducing their greenhouse gas impacts in their supply chains and beyond.219

Also, in 2001, EPA formed the Coal Combustion Products Partnership (C2P2) with the American Coal Ash Association, the Utility Solid Waste Activities Group, the Department of Energy, and the Federal Highway Administration. C2P2’s goal was to encourage recycling of coal combustion products (CCPs) through the promotion of their beneficial use. EPA emphasized the environmental, economic, and performance benefits of recycling CCPs (inclusive of CCRs) for construction and grading uses, instead of disposing and maintaining CCP disposals. C2P2, sought to increase the recycling of CCPs by 50 percent from 2001 to 2011, with a specific focus on the increase of CCPs in supplementary cementitious material in concrete by 50 percent over the same period.220

In 2015, the EPA established a Voluntary Incentives Program (VIP) for flue gas desulfurization (FGD) Wastewater Treatment as part of the agency’s effluent limitation guidelines for the steam electric power generation industry. This program extends the period for plants that voluntarily choose to install additional process changes and controls to achieve and comply to the best available demonstrated control technology (BADCT) effluent limitations for mercury, arsenic, selenium, and total dissolved solids (TDS), based on evaporation technology.221

The Energy Information Agency (EIA) also collects information about voluntary programs relevant to fossil fuel electric power generation facilities through the Voluntary Reporting of Greenhouse Gases Program. The Energy Policy Act of 1992 required EIA to collect the results of voluntary measures to reduce, avoid, or sequester greenhouse gas emissions from power generation facilities. Facilities may submit reports to EIA about achievements related to historic and greenhouse gas emissions, emissions reductions, and carbon sequestration, and EIA, in turn, aggregates the submissions into annual reports. In 2002, the EIA’s Global Climate Change Initiative updated the Voluntary Reporting of Greenhouse Gases Program to focus on the accuracy, reliability, and verifiability of the voluntary reports. Finally, the General Guidelines and Technical Guidelines revised the Voluntary Reporting of Greenhouse Gases Program to emphasize entity-wide emission assessments, to include small emitters, and to prescribe standard

219 “About the center for Corporate Climate Leadership, EPA, accessed October 16, 2018 at: https://www.epa.gov/climateleadership/about-center-corporate-climate-leadership. 220 “Coal Combustion Products Partnership (C2P2),” EPA, accessed November 19, 2018 through the National Center for Environmental Publications. 221 Eric Grol, National Energy Technology Laboratory, U.S. Department of Energy, “An Update of Effluent Limitation Guideline Treatment Options for Coal-Fired Power Plants,” 2018 Review Meeting for Crosscutting Technologies, April 11, 2018, accessed October 16, 2016 at: https://www.netl.doe.gov/File%20Library/Events/2018/crosscutting/wed/20180411_1100B_Presentation_Grol_NETL.pdf.

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methodologies for estimating entity-level emission reductions and specific emission reduction activities.222

State government voluntary programs often follow on directly from federal programs or from federal regulatory frameworks. For example, in 2005 the Ohio EPA identified 100 of the facilities that reported the greatest number of TRI emissions and asked those facilities to reduce their TRI emissions to waste, water, and air over a five-year period through the Tox-Minus Initiative. Ohio EPA did not set guidelines the facilities were required to follow or standards the facilities were required to meet; rather, the program asked facilities to identify, evaluate, and implement feasible and effective pollution reduction or prevention strategies to achieve lower TRI emissions. Further, facilities set their own reduction goals, with 2007 as the start of the program and the baseline year against which the facilities would measure their results. Participating facilities would then submit a pollution reduction plan to Ohio EPA and provide annual reports on their progress. Although Ohio EPA targeted the top 100 TRI reporters, the program was open to any facilities that wished to participate.223

The Red Wing (Minnesota) Community Awareness and Emergency Response (CAER) program provides an example of a program through which local industries, local governments, and emergency response organizations coordinate emergency response protocols to protect public safety and the environment. The organization holds meetings to prepare and train for responses to potential emergency releases in the area. The meetings include classroom training sessions, scenarios, speakers, and tabletop exercise. Red Wing CAER emphasizes the protection of the Mississippi River system among its goals.224 The Red Wing CAER program is one example of local programs that coordinate among industry and relevant governmental and emergency response organizations to promote emergency response preparedness; Red Wing CAER promotes the formation other CAER groups in the region as part of its mission.225

National and international nonprofit organizations and industry associations also provide environmental management and safety standards and procedures that facilities may follow, in addition to regulatory requirements, and certify facilities that meet these specifications. One such organization is the Global Environmental Management Initiative (GEMI), which was founded in 1990 by a coalition of 21 companies. GEMI seeks to develop strategies and standards to improve

222 “Voluntary Reporting of Greenhouse Gases,” EIA, accessed October 16, 2018 at: https://www.eia.gov/environment/pdfpages/0608s(2009)index.php. 223 “Ohio EPA Tox-Minus Initiative Implementation Strategy,” Ohio EPA, September 17, 2007, accessed November 19, 2018 at: http://web.epa.ohio.gov/ocapp/tox-minus/Tox-Minus%20Implementation%20Strategy%20Final%209-17-07.pdf. 224 “About Red Wing CAER,” Red Wing CAER, accessed October 16, 2018 at: http://redwingcaer.org/about_red_wing_caer.aspx. 225 “About Red Wing CAER,” Red Wing CAER, accessed October 16, 2018 at: http://redwingcaer.org/about_red_wing_caer.aspx.

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corporate environmental performance through industry cooperation. As part of this effort and following the success of EPA’s 1991-1996 33/50 Program, GEMI created Total Quality Environmental Management (TQEM). TQEM is a method that addresses corporate environmental performance with a comprehensive management approach. TQEM has four basic elements: 1) identification of the customer base that seeks improved environmental performance and the further identification of what environmental improvements they value; 2) the involvement of all employees in systematic efforts to continuously improve environmental performance; 3) the proactive elimination of environmental risks, rather than responding to environmental risks as they arise; 4) the integration of environmental management systems so that they support one another.226

The International Organization for Standardization (ISO) is an independent, non-governmental international organization. ISO promulgates the 14000 family of standards to provide tools for all companies and organizations to manage their environmental responsibilities. Within the 14000 family of standards, the 14001 focuses on the development and implementation of environmental management systems to prevent release events. ISO 140001 is the most widely adopted environmental voluntary program in the world. Supporting standards provide guidelines for specific environmental management approaches, such as audits, communication protocols, labeling, and life cycle analyses.227

The International Electrotechnical Commission (IEC) is another example of an international standards organization that publishes standards that are used across the electric power generation, transmission, and distribution industry. IEC collaborates with ISO in their standard development. IEC’s publications include standards, technical specifications, reports, and guides that apply to manufacturing facilities in the process industries, such as refineries, petrochemical, chemical, pharmaceutical, and pulp and paper, as well as power generation facilities. The standards apply to all electrical, electronic, and related technologies, and devices that contain electronics, and use or produce electricity. Consequently, IEC has an extremely broad reach in the electric power generation, transmission and distribution industry, even preparing international standards that cover specifications, design and test requirements for the power transmission and distribution industries, as key links in the energy chain.228 The commission provides a platform for coordination between companies, industry associations, and government 226 “Total Quality Environmental Management (TQEM),” International Institute for Sustainable Development, accessed November 17, 2018 at: https://www.iisd.org/business/tools/systems_tqem.aspx. 227 “ISO 14000 family – Environmental management,” International Organization for Standardization, accessed October 16, 2018 at: https://www.iso.org/iso-14001-environmental-management.html; M. Potoski and A. Prakash, “Covenants with Weak Swords: ISO 14001 and Facilities’ Environmental Performance,” Journal of Policy Analysis and Management: The Journal of the Association for Public Policy Analysis and Management 24, No.4(2005): 745-769. 228 International Electrotechnical Commission Website on Electrical Energy Contributions, accessed on April 4, 2019 at: https://www.iec.ch/energy/transmission_distribution.htm

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agencies relevant to a given industry to discuss and develop international standards for that industry. IEC’s 61511 technical standard sets practices for systems engineering that ensure the safety of an industrial process through proper instrumentation.229

The American National Standards Institute (ANSI) does not develop national standards but does, however, provide a forum for the coordination of interested parties that can develop and promulgate standards, norms, and guidelines for their respective industries. Stakeholders may include individuals, companies, government agencies, labor organizations, industrial associations, and consumer groups. ANSI also hosts a process through which stakeholders can appeal standards. The standards that stakeholders develop at ANSI seek to assure the safety and health of consumers and the protection of the environment.230

B. Effectiveness of Industry Voluntary Programs

Because of the 33/50 Program’s importance to the growth of industry voluntary programs as an environmental and pollution prevention strategy, much of the literature on industry voluntary program effectiveness evaluates the success of the 33/50 Program. Overall, the 33/50 Program led to a reduction in releases and an increase in the adoption of pollution prevention practices by participants, though evidence also exists that success was not comprehensive and that the program deterred environmental technological innovation. Studies have also looked at the many pollution prevention (or P2) programs that federal and state government agencies sponsored after the success of the 33/50 Program. These programs vary in participation incentives, from completely voluntary to implementation in conjunction with enforcement regulations and have generally achieved pollution and emission reductions. Studies have also highlighted how these successors to the 33/50 Program have fostered environmental technological innovation, as well as the diffusion of environmental management technologies. Finally, investigations of programs under the aegis of non-profit organizations and trade associations find that, though these programs often lack the robust monitoring and sanction mechanisms of government sponsored programs, participating facilities experience reductions in pollution emissions and releases. As a secondary finding, the literature emphasizes that facilities view their adoption of environmental management practices through voluntary programs and efforts to improve environmental performance as strategic investment decisions. In other words, corporate decisions to participate and corporate level of effort once in a program depend on financial matters more than compliance or optics.

At the time of the 33/50 Program’s completion in 1996, both EPA and industry concluded that it had been a success. Analyses of the 33/50 Program largely bear out that conclusion. For

229 “Welcome to the IEC,” International Electrotechnical Commission, accessed October 16, 2018 at: https://www.iec.ch/about/. 230 “About ANSI,” American National Standards Institute, accessed October 16, 2018 at: https://www.ansi.org/about_ansi/overview/overview.

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example, 2017 study by Bi and Khanna finds that 33/50 Program participants adopted pollution control practices at a 38 percent higher rate than non-participants. Further, those facilities that did install pollution control practices reduced their releases of the 17 chemicals that 33/50 targeted 52 percent more than non-participants who did not install control practices. In other words, Bi and Khanna conclude that program yielded both reductions in pollution and a higher rate of prevention practices.231 An earlier, 1999 study by Khanna and Damon reinforces these findings, demonstrating a statistically significant decline in toxic releases among participants in the first three years of the program, from 1991-1993.232 Further, Hoang, McGuire, and Prakash show that the reductions of the targeted chemicals that participants achieved while the program was active from 1991-1995 persisted after the cessation of the program.233 In a separate piece, Bi and Khanna argue that looking at the results of the 33/50 Program at the facility level elucidates the program’s success even more than previous studies at the firm-wide level; facilities that participated demonstrated a significantly high rate of reduction in releases than nonparticipating facilities, but firm-wide analysis dilutes this result.234

The 33/50 Program was not just important in terms of the results it achieved, but also because of its implications for enforcement theory. In the same study discussed above, Khanna and Damon theorize that firms participated in the 33/50 Program to avoid costs related to liabilities and reactive regulatory compliance, but also for benefits related to public recognition of environmental citizenship. Although participation in the program lowered participants’ short-term return on investment, it ultimately had a statistically significant positive impact on participating firms’ long-term profitability.235 In other words, participation in the 33/50 Program gave a firm a sort of proto-certification of environmental citizenship that benefited its bottom line. Additionally, Innes and Sam’s study of the 33/50 Program finds that participants in the program were motivated by the prospect of relaxed regulatory scrutiny, which led to greater participation in the program and, in turn, reduced pollution. Innes and Sam also show that companies in regions with higher political support for environmentalist policies were more likely to participate in the programs than those in other regions, which reinforces Khanna and Damon’s findings with respect to the perception of environmental citizenship as a benefit of

231 X. Bi and M. Khanna, “Inducing Pollution Prevention Adoption: Effectiveness of the 33/50 Voluntary Environmental Program,” Journal of Environmental Planning and Management 60, No. 12 (2017): 2234-2254. 232 M. Khanna and L.A. Damon, “EPA’s Voluntary 33/50 Program: Impact on Toxic Releases and Economic Performance of Firms,” Journal of Environmental Economics and Management 37, No. 1 (1999): 1-25. 233 P.C. Hoang, W. McGuire, and A. Prakash, “Reducing Toxic Chemical Pollution in Response to Multiple Information Signals: the 33/50 Program and Toxicity Disclosures,” Ecological Economics 146 (2018): 193-202. 234 X. Bi and M. Khanna, “Reassessment of the Impact of the EPA’s Voluntary 33/50 Program on Toxic Releases,” Land Economics 88, No. 2 (2012): 341-361. 235 M. Khanna and L.A. Damon, “EPA’s Voluntary 33/50 Program: Impact on Toxic Releases and Economic Performance of Firms,” Journal of Environmental Economics and Management 37, No. 1 (1999): 1-25.

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participation.236 Taken together, the 33/50 Program offered a successful framework for environmental policy that emphasized the voluntary and proactive adoption of environmental practices by industry in exchange for lower regulatory burdens and benefits with respect to public perception.

In addition to its success in achieving a reduction in releases of the targeted chemicals, the 33/50 Program also encouraged industry to foster its own voluntary programs, standards, and environmental management systems. As discussed in the previous section, one of the significant industry sponsored voluntary programs that emerged after the 33/50 Program was TQEM, which GEMI created in 1996. Sam, Khanna, and Innes completed a 2009 study that confirms the connection between participation in the 33/50 Program and the inception of and involvement in TQEM. TQEM is an environmental management system that takes a proactive, continuous, systematic approach to pollution prevention through a firm-wide commitment to the effort. Sam, Khanna, and Innes further find that companies that participated in TQEM experienced significantly lower releases of the 17 chemicals that the 33/50 Program targeted. As a result, they conclude that the 33/50 Program yielded direct pollution reduction benefits after the conclusion of the program in 1996.237

Some studies, however, claim that the 33/50 Program’s success was more muted than it appeared, and that the program may have had adverse effects. Most obviously, because EPA’s program only targeted 17 chemicals, industry had no incentive to reduce emissions of other pollutants through the 33/50 Program. And, in fact, Hoang, McGuire, and Prakash confirm that while participants reduced their emissions of the targeted chemicals, they did not reduce their overall emission loads – even taking into consideration the lower targeted chemical emissions – or their emissions of non-target chemicals.238 Gamper-Rabindian argues that 33/50 participants did not even reduce target chemical emissions in several industries, and that reductions in other industries were the result of transfers to recyclers, rather than an absolute reduction in chemical emissions.239 On a different track, Carrión-Flores, Innes, and Sam demonstrate an association between higher levels of 33/50 participation and lower levels of environmental patent applications, suggesting that the 33/50 Program may have hindered industry environmental

236 R. Innes and A.G. Sam, “Voluntary Pollution Reductions and the Enforcement of Environmental Law: An Empirical Study of the 33/50 Program,” The Journal of Law and Economics 51, No. 2 (2008): 271-296. 237 A.G. Sam, M. Khanna, and R. Innes, “How do Voluntary Production Programs (VPRs) Work? An Empirical Study of Links between VPRs, Environmental Management, and Environmental Performance,” Land Economics 85, No. 4 (2009): 692-711. 238 P.C. Hoang, W. McGuire, and A. Prakash, “Reducing Toxic Chemical Pollution in Response to Multiple Information Signals: the 33/50 Program and Toxicity Disclosures,” Ecological Economics 146 (2018): 193-202. 239 S. Gamper-Rabindran, “Did the EPA’s Voluntary Industrial Toxics Program Reduce Emissions? A GIS Analysis of Distributional Impacts and By-Media Analysis of Substitution,” Journal of Environmental Economics and Management 52, No. 1 (2006): 391-410.

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innovation.240 Finally, though Vidovic and Khanna acknowledge that companies did reduce their emissions while the program was active, they find that the reduction in pollutants while the 33/50 Program was active was the result of independent trends, and not the direct result of program participation. In other words, companies were already in the process of lowering their emissions, regardless of the existence of the 33/50 Program.241

A 2003 study of environmental voluntary program policy by the Organisation for Economic Co-Operation and Development (OECD) concurs with Vidovic and Khanna’s findings. Citing a 1999 study by Khanna and Damon and a 2001 study by Khanna, OECD explains that while total releases by firms that participated in the 33/50 Program fell by 54 percent from 1991 to 1993, after correcting for sample selection bias and considering other factors that led to release, the OECD only attributes 28 percent of the release reduction to the program.242 The OECD’s analysis of the 33/50 Program feeds into a broader skepticism about voluntary program’s contribution to environmental effects above and beyond results that firms otherwise would have achieved without the program in place. OECD refers to this improvement in firms’ environmental performance in the regular course of business without taking on any additional, specific burdens to meet program goals as “Business-as-Usual” or regulatory capture effects. While OECD highlights the possibility for firms to coast or “free-ride” to program compliance and affirmed that “command and control” regulations produce the best environmental results, the report also emphasizes that voluntary programs may be more economically efficient than command and control approaches because the flexibility they allow firms to meet program goals equalizes marginal abatement costs.243

The regime of federal and state industry voluntary programs that emerged in the wake of the 33/50 Program has largely succeeded in pollution reduction and prevention. Bui and Kapon completed a broad investigation of federal and state pollution prevention programs and studied the release trends of facilities that participated in the programs. They find that participation in pollution prevention programs reduced annual releases by 11-15 percent.244 Harrington, Deltas,

240 C.E. Carrión-Flores, R. Innes, and A.G. Sam, “Do Voluntary Pollution Reduction Programs (VPRs) Spur or Deter Environmental Innovation? Evidence from 33/50,” Journal of Environmental Economics and Management 66, No. 3 (2013): 444-459. 241 M. Vidovic and N. Khanna, “Can Voluntary Pollution Protection Programs Fulfill Their Promises? Further Evidence from the EPA’s 33/50 Program,” Journal of Environmental Economics and Management 53, No. 2 (2007): 180-195. 242 Organisation for Economic Co-Operation and Development, Voluntary Approaches for Environmental Policy: Effectiveness, Efficiency and Usage in Policy Mixes (Paris: OECD Publications Service, 2003), p. 11 and 44. 243 Organisation for Economic Co-Operation and Development, Voluntary Approaches for Environmental Policy: Effectiveness, Efficiency and Usage in Policy Mixes (Paris: OECD Publications Service, 2003), p. 11-13. 244 L.T. Bui and S. Kapon, “The Impact of Voluntary Programs on Polluting Behavior: Evidence from Pollution Prevention Programs and Toxic Releases,” Journal of Environmental Economics and Management 64, No. 1 (2012): p. 31-44.

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and Khanna also find that pollution prevention voluntary program participation also results in a reduction in releases, though they further note that sustaining these results requires continuations of programs; the positive environmental effects of the initiatives dissipate four to five years after the end of the program.245 Guerrero and Innes looked at state programs that focused on self-monitoring and self-reporting and show that these programs that protected the information of the participating facilities led to reductions in both pollution and government enforcement activity.246

Specifically, with respect to Ohio EPA’s Tox-Minus Initiative, Griffiths, Wheeler, and Wolverton investigated whether participants in the program experienced emissions reduction. Their study focused on air emissions, although the Tox-Minus Initiative attempted to reduce emissions to all of air, water, and waste. Griffiths, Wheeler, and Wolverton find that the 53 participants, which included 44 of the top 100 TRI-emitters formally invited to the program and nine additional facilities, significantly reduced Clean Air Act emissions compared to non-participants in the period after the initiative’s implementation. Griffiths, Wheeler, and Wolverton compare the participants to a group of non-participating facilities chosen using propensity score matching based on pre-participation attributes.247

In addition to their effectiveness at achieving pollution reduction, studies have also found that post-33/50 Program federal and state voluntary programs have fostered environmental technological innovation within industry. Whereas Carrión-Flores, Innes, and Sam’s study demonstrates a negative association between 33/50 participation and environmental patent applications, Chang and Sam’s 2015 investigation of the effect of voluntary pollution prevention programs on environmental technology patents from a sample of 352 manufacturing firms indicates that involvement in pollution prevention activities yielded a statistically and economically significant increase in patent applications. They conclude that voluntary programs have spurred environmental technology innovation within participating industries.248 Bui and Kapon’s 2012 study, which we discussed above because of its demonstration of the effectiveness of pollution prevention programs, further concludes that reductions resulting from voluntary programs include the “spillover” of information through industry networks. Bui and Kapon argue

245 D.R. Harrington, G. Deltas, and M. Khanna, “Does Pollution Prevention Reduce Toxic Releases? A Dynamic Panel Data Model,” Land Economics 90, No. 2 (2014): 199-221. 246 S. Guerrero and R. Innes, “Self-Policing Statutes: Do They Reduce Pollution and Save Regulatory Costs?,” The Journal of Law, Economics, and Organization 29, No. 3 (2011): 608-637. 247 C. Griffiths, W. Wheeler, and A. Wolverton, “Evaluating the Effectiveness of Voluntary Programs: Did Ohio’s Tox-Minus Initiative Affect Participants’ TRI Emissions?,” National Center for Environmental Economics, Working Paper No. 16-05, 2016. 248 C.E. Carrión-Flores, R. Innes, and A.G. Sam, “Do Voluntary Pollution Reduction Programs (VPRs) Spur or Deter Environmental Innovation? Evidence from 33/50,” Journal of Environmental Economics and Management 66, No. 3 (2013): 444-459; H.C. Chang and A.G. Sam, “Corporate Environmentalism and Environmental Innovation,” Journal of Environmental Management 153 (2015): 84-92.

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that evaluations of voluntary programs should consider the transfer of information, research support, and other intellectual capital from partners to non-partners. This “spillover” effect improved technology beyond the bounds of the programs themselves and yielded corresponding emission reductions249

Whereas Bui and Kapon focus on the research, technological, and intellectual spillover from voluntary programs, Lange’s study of the Coal Combustion Products Partnership draws out the benefits of economic spillover from that voluntary program. The Coal Combustion Products Partnership was a program that began in 2001 and aimed to increase the re-use of coal combustion products to 50 percent by 2011. Other studies have found to be a program that did not achieve its goals because participants in the program ultimately reused coal combustion products at the same rate as non-participants, concluding that program participation had no effect on re-use behavior. Lange reframes the goals of the program to account for its spillover effects to non-participants, evaluating whether participants and non-participants increased their re-use rates from before the program’s inception. To conduct this evaluation, Lange looks at re-use rate data from both participants and non-participants in the program from the period before the partnership started and during the program. In considering the re-use rate of both participants and non-participants in his evaluation, Lange finds that the Coal Combustion Products Partnership was successful insofar as it increased overall re-use rates of coal combustion products, regardless of program participation. Lange’s approach accounts for the fact that incentivizing the re-use of coal combustion products creates a market for those products. Uses for coal combustion products include concrete or cement, drywall, pavement, and fill. The program created demand for coal combustion products among producers of those materials, because participants were actively marketing coal combustion products where before, they had simply disposed of the products. Lange argues that the program’s development of a demand market for coal combustion products created a financial incentive coal combustion producers, regardless of participation in the program, because a capacity to market the coal combustion products existed where it had not before. Thus, Lange finds that the Coal Combustion Products Partnership generated economic benefits for participants that influenced non-participant behaviors.250

In explaining the economic spillovers that resulted from the Coal Combustion Products Partnership, Lange discusses a secondary conclusion about voluntary program participation. Lange points to other literature on voluntary programs that “finds that larger firms are more likely to join.” In the Coal Combustion Products Partnership, this meant large utilities joined the

249 L.T. Bui and S. Kapon, “The Impact of Voluntary Programs on Polluting Behavior: Evidence from Pollution Prevention Programs and Toxic Releases,” Journal of Environmental Economics and Management 64, No. 1 (2012): 31-44. 250 I. Lange, “Evaluating Voluntary Measures with Treatment Spillovers: The Case of Coal Combustion Productions Partnership,” National Center for Environmental Economics Working Paper #08-12, December 2008.

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program and created correspondent demand for coal combustion products. That demand then had the capacity to incorporate smaller generators who did not join the program.251

Evaluations of voluntary programs specifically designed to increase investments in emissions-reduction technology report mixed results. For example, Ferrara and Lange find only weak evidence for the success of EPA’s CHP program, which aims to promote CHP technologies at electric power generating plants. While all of Ferrara and Lange’s models estimate that the CHP program increases CHP installation and utilization in the electricity industry, the relationship is not always statistically significant.252

Government sponsored voluntary industry programs, at both the federal and the state level, seek to position their expectations of participants and the incentives they offer participants in such a way as to induce the greatest reductions in both pollution emissions and enforcement actions. Programs may include reporting and operational requirements, and can incentivize compliance with these requirements with certifications, laxer oversight, information protection, or the threat of punitive measures for noncompliance. Several studies look at how the various permutations of these expectations and incentives affects the success of government sponsored programs.

In the broadest sense, the 33/50 Program was a breakthrough because it demonstrated the effectiveness of incentives in achieving targeted pollution reduction, in contrast to the imposition of standards and regulatory oversight. In a retrospective of the program, Harbour and Zatz highlight the enthusiasm with which industry responded to the 33/50 Program. At its inception voluntary programs were relatively unheard of as either a government strategy or an industry practice, but after the completion of the 33/50 Program in 1996, over 1,300 companies described the program as a success and expressed a desire for industry voluntary programs to constitute a larger part of agency practice. While industry did not call for industry voluntary programs to supplement government standards, but to replace them – voluntary programs both carry lower compliance costs for industry and are less punitive if companies fail to comply – Harbour and Zatz emphasize that the 33/50 Program showed how an incentive-based, voluntary approach could be effective in achieving policy goals.253

Studies often compare the performance of government sponsored voluntary programs against government imposed “command and control” regulations, i.e., emissions standards, reporting and response requirements, and technological requirements. A 2017 study by Emory Health Services evaluated the effectiveness of state government voluntary programs and policies that address power plant emissions. Emory focuses on the state level because of the 2017 decision to repeal the federal Clean Power Plan. This decision will leave power plant emission regulation 251 “ibid”. 252 A. Ferrara and I. Lange, “Voluntary Programs to Encourage Diffusion: The Case of the Combined Heat-and-Power Partnership,” University of Stirling, Economics Discussion Paper, Jul. 2011. 253 M. Zatz and S. Harbour, “The United States Environmental Protection Agency’s 33/50 Program: The Anatomy of a Successful Voluntary Pollution Reduction Program,” Journal of Cleaner Production 7, No. 1 (1999): 17-26.

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largely in the hands of the states; the electric power sector is the source of approximately 30 percent of U.S. greenhouse gas emissions. The study concludes that the imposition of mandatory registration and reporting requirements for power plants was the most effective policy in terms of greenhouse gas emission reductions. Emory finds that the creation of public benefit funds to promote energy efficiency and renewable energy programs were the second most effective policies. States that adopted both of those policies saw the greatest reductions in power plant greenhouse gas emissions. By contrast, states that only adopted voluntary greenhouse gas emissions reporting programs, and did not adopt any command and control regulations, such as Georgia, saw an increase in emissions.254

Other analyses of voluntary program structures have focused on regulatory oversight of the programs, self-reporting, and the balance between voluntary programs and “command and control” regulations. Short and Toffel tested commitments that industrial facilities subject to CAA requirements had made to voluntary programs against their compliance performance. They find that participants are more likely to abide by the conditions of voluntary programs in the presence of other strong regulatory oversight mechanisms. Further, entities with poor compliance records are less likely to achieve reductions through pollution prevention programs, a finding that provides insight about the industries and entities that may not be appropriate targets for voluntary programs.255 Sam conducted a study of the effect of pollution prevention program practices on enforcement actions for manufacturing facilities. The study reveals that the most successful voluntary programs impose changes in facilities’ operating procedures, such as the implementation of self-inspections or monitoring or increased maintenance, while programs that promote changes in equipment or materials do not yield the same reductions in enforcement actions.256 Bui and Kapon looked at the behavior of facilities that participated in federal and state pollution prevention programs, specifically programs that offer technical assistance for environmental management and include reporting requirements. They find that facilities effectively use program technical assistance to reduce and prevent toxic releases. However, facilities apply the proffered technology only to the prevention of pollutants not covered by state or federal regulatory standards. Thus, technical assistance voluntary programs do not offer incremental emission reduction below existing regulatory standards. In the same vein, programs with release reporting requirements motivate facilities to reduce toxic releases of pollutants, but only those that are easy to monitor. It is easier for facilities to avoid reporting releases of 254 Emory Health Services, “Mandatory state policies work best to curb power plant emissions, study finds,” ScienceDaily, November 6, 2017, accessed May 1, 2019 at: https://www.sciencedaily.com/releases/2017/11/171106121321.htm. 255 J.L. Short and M.W. Toffel, “Making Self-Regulation More than Merely Symbolic: The Critical Role of the Legal Environment,” Administrative Science Quarterly 55, No. 3 (2010): 361-396. 256 A.G. Sam, “Impact of Government-Sponsored Pollution Prevention Practices on Environmental Compliance and Enforcement: Evidence from a Sample of U.S. Manufacturing Facilities,” Journal of Regulatory Economics 37, No. 3 (2010): 266-286.

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chemicals or other toxics if the monitoring is difficult or ambiguous, which potentially obviates the reporting requirement because there is no clear indication of release.257 Studies show mandatory greenhouse gas reporting programs for electric generating utilities reduce carbon emissions, but that similar voluntary programs do not. Martin and Saikawa evaluated 17 state greenhouse gas reduction polices targeted at electric generating utilities. They found that mandatory, but not voluntary, greenhouse gas reporting programs reduce carbon emissions.258 Lyon and Kim concluded that the Department of Energy’s 1605b program, a federal voluntary greenhouse gas reporting program for power plants, did not significantly influence firms’ carbon emissions per unit electricity generated. 259 These studies show that programs work best with an existing, strong regulatory framework, but that participating facilities and firms are unlikely to go above and beyond regulatory requirements through voluntary programs. In conversation with the studies on technological innovation and diffusion, it appears that industrial and corporate networks provide the best method to spread environmental management technologies, and not cooperation with a voluntary program.

Government sponsored voluntary programs sometimes offer incentives to participants in the form of laxer regulatory oversight or the protection of information provided through the programs. As we saw with studies of the 33/50 program, the enforcement theory that supports voluntary programs suggest that the potential for a less active regulatory regime and attendant decreased compliance costs serves as a primary motivation for industry participation. Guerrero and Innes examined the incentives that industry received from voluntary programs, specifically the privileging of facility information generated from self-auditing and self-reporting of violations, and immunity from regulatory penalties. Their study reveals that privilege protections of information are an effective incentive for participation that reduces emissions and enforcement actions. However, they also find that giving immunity from enforcement penalties makes program participants less likely to practice effective environmental management and those participants tend to experience high rates of toxic pollution and subsequent government enforcement. As above, Guerrero and Innes’s findings reinforce the symbiotic relationship between regulatory oversight and voluntary programs.260

Although industry, trade association, or third-party standard organization sponsored voluntary environmental programs lack the regulatory authority of government backed programs, studies

257 L.T. Bui and S. Kapon, “The Impact of Voluntary Programs on Polluting Behavior: Evidence from Pollution Prevention Programs and Toxic Releases,” Journal of Environmental Economics and Management 64, No. 1 (2012): 31-44. 258 G. Martin and E. Saikawa, “Effectiveness of State Climate and Energy Policies in Reducing Power-Sector CO2 Emissions,” Nature Climate Change 7 (2017): 912-919. 259 T.P. Lyon and E.-H. Kim, “Greenhouse Gas Reductions or Greenwash?: The DOE’s 1605b Program,” SSRN (2006). 260 S. Guerrero and R. Innes, “Self-Policing Statutes: Do They Reduce Pollution and Save Regulatory Costs?,” The Journal of Law, Economics, and Organization 29, No. 3 (2011): 608-637.

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demonstrate that these programs are also effective at reducing both pollution and the frequency of government enforcement actions. Non-government programs’ performances improve when they include oversight and/or sanction mechanisms. For example, Potoski and Prakash issued two sets of findings on the ISO 14001 standards, an environmental management practices and standards program sponsored by the International Organization for Standardization. In addition to its standards and practices, ISO 14001 includes monitoring and sanctioning. Potoski and Prakash find that, even without government backing, facilities that participate in IS0 140001 both reduce their emissions compared to non-participating facilities and achieve greater compliance with government regulations than non-participating facilities. They speculate that facilities participate in ISO 14001 because the standard is so popular and well known that it acts as a kind of certification of a facility’s environmental citizenship, and that benefit motivates facilities to undertake the cost of meeting the standard.261

Further, Lenox and Nash looked at industry self-regulations programs that trade associations in the chemical, textile, and pulp and paper industries sponsor. As with Potoski and Prakash’s ISO 14001 studies, Lenox and Nash find that oversight and sanction mechanisms within nongovernmental programs, however weak those mechanisms may be, are key to program success. Lenox and Nash assert that the existence of oversight and sanction within the program makes the program less attractive to polluting firms and facilities.262 Thus, as with government sponsored programs, the incentive and compliance mechanisms affect both the composition of the program and the emissions and government enforcement activity the program achieves. And, indeed, that the composition and success of programs are interrelated.

261 M. Potoski and A. Prakash, “Covenants with Weak Swords: ISO 14001 and Facilities’ Environmental Performance,” Journal of Policy Analysis and Management: The Journal of the Association for Public Policy Analysis and Management 24, No. 4 (2005): 745-769; M. Potoski and A. Prakash, “Green Clubs and Voluntary Governance: ISO 14001 and Firms’ Regulatory Compliance,” American Journal of Political Science 49, No. 2 (2005): 235-248. 262 M.J. Lenox and J. Nash, “Industry Self-Regulation and Adverse Selection: A Comparison Across Four Trade Association Across Four Trade Association Programs,” Business Strategy and the Environment 12, No. 6 (2003): 343-356.

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APPENDIX I. STATE SAMPLE METHODOLOGY

As part of CERCLA 108(b) financial responsibility rulemaking, EPA collected information on state environmental regulations relevant to the electric power generation, transmission and distribution industry for a representative sample of states. Within the electric power generation, transmission and distribution industry, for reasons explained in the methodology section of this report, EPA chose to focus on coal-fired electric utility plants for its review of relevant state regulations.

The following section summarizes EPA’s findings about the geographic distribution of relevant electric power generation, transmission and distribution industry facilities within the 50 states and the District of Columbia. EPA relied upon rulemakings and the U.S. Census Bureau’s County Business Pattern data to generate the results. The Census Bureau collects data on the number of “establishments” within each geographic area; it defines an “establishment” as “a single physical location at which business is conducted or services or industrial operations are performed.”263

The Census Bureau collects establishment information by the number of employees at each establishment (i.e., number of establishments in a given state with 1-4 employees, number of establishments in a given state with 5-9 employees, etc.). For the purposes of generating a representative sample of states for regulatory information collection, EPA included all the establishments in a given state, regardless of employment, in its findings. We focus on “establishments” as the measure is facility-based, which presumably aligns with how a potential rule would be structured. EPA could also weight the identification of facilities, and therefore states, by other metrics like employment.

The section below discusses in detail EPA’s methodology for generating a representative sample of states from which to collect environmental regulatory information.

In summary, the electric power generation, transmission and distribution industry samples includes: Pennsylvania, Michigan, Indiana, Illinois, Missouri, Texas, Kentucky, Iowa, Ohio, Wisconsin, Florida, Minnesota, and North Carolina.

Coal-Fired Utility Plants

As discussed in the Introduction and Methodology sections, above, EPA has focused on environmental regulations relevant to fossil fuel electric power generation facilities for its review of state regulations. Fossil fuel electric power generation facilities includes all fossil fuel powered electric power generation facilities. Within the fossil fuel electric power generation

263 U.S. Census Bureau, County Business Patterns, Glossary, accessed July 27, 2018 at: https://www.census.gov/programs-surveys/cbp/about/glossary.html.

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facilities, EPA is particularly focused on coal fired power plants and facilities that produce coal combustion residuals. The tables below summarize the geographic distribution of coal fired plants and all fossil fueled power plants using data from EPA’s coal combustion residuals rulemaking and Census Bureau data on fossil fuel electric power generation establishments.

Table 1, below, summarizes the geographic distribution at the state level for the affected universe of coal-fired utility plants from EPA’s 2015 coal combustion residuals rulemaking and 2018 proposed RCRA disposal of coal combustion residuals rulemaking.

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Table 1. Coal-Fired Electric Utility Plants Affected by the 2015 CCR Rule by State

Row State Plants % of Total

Plants Cumulative % 1 Pennsylvania 24 5.8% 5.8% 2 Michigan 23 5.6% 11.4% 3 Indiana 21 5.1% 16.5% 4 Illinois 19 4.6% 21.1% 5 Missouri 19 4.6% 25.7% 6 Texas 18 4.4% 30.0% 7 Kentucky 17 4.1% 34.1% 8 Iowa 16 3.9% 38.0% 9 Ohio 16 3.9% 41.9%

10 Wisconsin 16 3.9% 45.8% 11 Florida 14 3.4% 49.2% 12 Minnesota 14 3.4% 52.5% 13 North Carolina 14 3.4% 55.9% 14 Colorado 12 2.9% 58.8% 15 Virginia 12 2.9% 61.7% 16 Wyoming 11 2.7% 64.4% 17 Alabama 10 2.4% 66.8% 18 Georgia 10 2.4% 69.2% 19 West Virginia 10 2.4% 71.7% 20 California 8 1.9% 73.6% 21 New York 8 1.9% 75.5% 22 South Carolina 8 1.9% 77.5% 23 Kansas 7 1.7% 79.2% 24 Maryland 7 1.7% 80.9% 25 North Dakota 7 1.7% 82.6% 26 Nebraska 7 1.7% 84.3% 27 Tennessee 7 1.7% 86.0% 28 Arizona 6 1.5% 87.4% 29 Oklahoma 6 1.5% 88.9% 30 Arkansas 5 1.2% 90.1% 31 Mississippi 5 1.2% 91.3% 32 Montana 5 1.2% 92.5% 33 New Jersey 5 1.2% 93.7% 34 Utah 5 1.2% 94.9% 35 Louisiana 4 1.0% 95.9% 36 New Mexico 4 1.0% 96.9% 37 Hawaii 2 0.5% 97.3% 38 Massachusetts 2 0.5% 97.8% 39 New Hampshire 2 0.5% 98.3% 40 Nevada 2 0.5% 98.8% 41 South Dakota 2 0.5% 99.3% 42 Alaska 1 0.2% 99.5% 43 Connecticut 1 0.2% 99.8% 44 Maine 1 0.2% 100.0%

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Row State Plants % of Total

Plants Cumulative % 45 District of Columbia 0 0.0% 100.0% 46 Delaware 0 0.0% 100.0% 47 Idaho 0 0.0% 100.0% 48 Oregon 0 0.0% 100.0% 49 Rhode Island 0 0.0% 100.0% 50 Vermont 0 0.0% 100.0% 51 Washington 0 0.0% 100.0% 52 Total 413 100%

Source: Regulatory Impact Analysis: EPA's 2018 RCRA Proposed Rule for Disposal of Coal Combustion Residuals from Electric Utilities; Amendments to the National Minimum Criteria (Phase One), U.S. EPA, Office of Resource Conservation and Recovery, March 2018. Table 2, below, summarizes the geographic distribution of fossil fuel electric power generation establishments from the Census Bureau’s 2016 County Business Patterns data, which include all fossil fuel powered electric power generation facilities.

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Table 2. Fossil Fuel Electric Power Generation Establishments by State, 2016 U.S. Census County Business Patterns Data

Row State Establishments % of Total

Establishments Cumulative % 1 Texas 155 10.4% 10.4% 2 Louisiana 79 5.3% 15.7% 3 California 72 4.8% 20.5% 4 Ohio 71 4.8% 25.3% 5 Pennsylvania 70 4.7% 30.0% 6 North Carolina 60 4.0% 34.0% 7 New York 56 3.8% 37.8% 8 Georgia 54 3.6% 41.4% 9 Florida 47 3.2% 44.6%

10 Colorado 46 3.1% 47.7% 11 Oklahoma 45 3.0% 50.7% 12 Kentucky 44 3.0% 53.6% 13 Missouri 41 2.8% 56.4% 14 Illinois 40 2.7% 59.1% 15 Indiana 38 2.6% 61.6% 16 New Jersey 38 2.6% 64.2% 17 Michigan 36 2.4% 66.6% 18 Minnesota 35 2.3% 68.9% 19 Wisconsin 33 2.2% 71.1% 20 Alabama 27 1.8% 73.0% 21 Utah 27 1.8% 74.8% 22 Massachusetts 26 1.7% 76.5% 23 Arkansas 23 1.5% 78.1% 24 Kansas 22 1.5% 79.5% 25 Maryland 22 1.5% 81.0% 26 Alaska 21 1.4% 82.4% 27 Virginia 21 1.4% 83.8% 28 Mississippi 20 1.3% 85.2% 29 Iowa 18 1.2% 86.4% 30 South Carolina 18 1.2% 87.6% 31 West Virginia 18 1.2% 88.8% 32 New Mexico 16 1.1% 89.9% 33 Nevada 13 0.9% 90.7% 34 North Dakota 13 0.9% 91.6% 35 Arizona 12 0.8% 92.4% 36 Connecticut 12 0.8% 93.2% 37 Delaware 12 0.8% 94.0% 38 Hawaii 12 0.8% 94.8% 39 Wyoming 11 0.7% 95.6% 40 Idaho 9 0.6% 96.2% 41 Nebraska 8 0.5% 96.7% 42 South Dakota 8 0.5% 97.2% 43 Washington 8 0.5% 97.8%

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Row State Establishments % of Total

Establishments Cumulative % 44 New Hampshire 7 0.5% 98.3% 45 Oregon 6 0.4% 98.7% 46 Montana 5 0.3% 99.0% 47 Rhode Island 5 0.3% 99.3% 48 Maine 4 0.3% 99.6% 49 District of Columbia 3 0.2% 99.8% 50 Vermont 2 0.1% 99.9% 51 Tennessee 1 0.1% 100.0% 52 Total 1490 100%

Source: U.S. Census Bureau, 2016 County Business Patterns Data for fossil fuel electric power generation establishments, accessed July 27, 2018 at: https://www.census.gov/programs-surveys/cbp/data/tables.html.

EPA concluded that the affected universe of coal-fired electric utility plants from the 2015 coal combustion residuals rulemaking (Table 1) better reflects the focus of this review of relevant environmental regulations than the entirety of fossil fuel electric power generation establishments (Table 2), which include utility plants powered by other fossil fuels. As a result, EPA collected state regulatory information for the electric power generation, transmission, and distribution industry from the 13 states with the most coal-fired plants that constitute over 50 percent of the affected universe (by facility count): Pennsylvania, Michigan, Indiana, Illinois, Missouri, Texas, Kentucky, Iowa, Ohio, Wisconsin, Florida, Minnesota, and North Carolina. The state regulatory oversight of these wastes and the overall protectiveness of the particular state program varies.

APPENDIX II. FEDERAL ENVIRONMENTAL REGULATIONS

The following table summarizes the major legislation and subsequent federal environmental regulations relevant to fossil fuel electric power generation facilities that have been promulgated by federal agencies. EPA intends to summarize the major pieces of legislation and the subsequent regulations federal agencies have promulgated under their authority relevant to the fossil fuel electric power generation industry.

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Table A. Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

Effective Date Notes

1

National Ambient Air Quality Standards (NAAQS)

40 CFR Part 50

42 U.S.C. 7401 et seq. (Clean Air Act)

36 FR 22384

Air Pollution

These regulations establish national primary and secondary air quality standards for: sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, lead, and exceptional pollutant events. Primary standards protect the public health, and second standards protect the public welfare from any adverse effects of the pollutants. 11/25/1971 11/25/1971

2

New Source Performance Standards (NSPS)

40 CFR Part 60

42 U.S.C. 7401 et seq. (Clean Air Act)

36 FR 24877; 72 FR 32717

Air Pollution

These regulations establish standards of performance for newly constructed stationary source facilities or features at facilities for pollutant emissions, as well as compliance timelines, reporting, and monitoring practices for the facilities. Also establishes reporting and recordkeeping requirements pursuant to the rule. The standards vary by facility and feature type. 12/23/1971 12/23/1971

Different dates of implementation for each subpart/facility type. See below for relevant subparts.

3

Electric Utility Steam Generating Units (Boilers): New Source Performance Standards (NSPS)

40 CFR Part 60 Subpart Da

42 U.S.C. §7401 et seq. (Clean Air Act)

44 FR 33579

Air Pollution

The regulation establishes standards of performance for particulate matter, sulfur dioxide, nitrogen oxides, and carbon monoxide emissions for electric utility steam generating units. 6/11/1979 6/11/1979

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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

Effective Date Notes

4

Standards of Performance for Greenhouse Gas Emissions and Compliance Times for Electric Utility Generating Units

40 CFR Part 60 Subpart UUUU

42 U.S.C. §7401 et seq. (Clean Air Act)

80 FR 64941

Air Pollution

The regulation establishes mass-based greenhouse gas emissions standards, plan requirements, and recordkeeping and reporting requirements for electric utility generating units. 10/23/2015 10/23/2015

5

National Emission Standards for Hazardous Air Pollutants (NESHAPs)

40 CFR Part 61

42 U.S.C. 7401 et seq. (Clean Air Act)

38 FR 8826

Air Pollution

The regulation establishes emissions standards for a suite of air pollutants: radon, beryllium, mercury, vinyl chloride, radionuclides, benzene, asbestos, arsenic, and radon. 4/6/1973 4/6/1973

At initial effective date, standards only for asbestos, beryllium, and mercury.

6

National Emission Standards for Hazardous Air Pollutants (NESHAPs) for Source Categories and Maximum Achievable Control Technology (MACT) Standards

40 CFR Part 63

42 U.S.C. 7401 et seq. (Clean Air Act)

57 FR 61992

Air Pollution

These regulations establish emissions standards for hazardous air pollutants by facility type as well as performance criteria to reduce air toxin emissions. Requires that new facilities must use the best pollution control technologies already in use within their industry. Also establishes work practice standards, performance test requirements, and reporting and recordkeeping requirements for each facility type. 12/29/1992 12/29/1992

Implementation date varies by facility type. See below.

June 2019

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7

Industrial, Commercial, and Institutional Boilers and Process Heaters: National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

40 CFR Part 63 Subpart DDDDD

42 U.S.C. 7401 et seq. (Clean Air Act)

76 FR 15664

Air Pollution

The regulation establishes emissions standards for hazardous air pollutants for industrial, commercial, and institutional boilers, as well as work practice standards, operational limits, testing and analysis requirements, a and reporting requirements. 3/21/2011 3/21/2011

8

Equipment Leaks: National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

40 CFR Part 63 Subpart H

42 U.S.C. 7401 et seq. (Clean Air Act)

59 FR 19568

Air Pollution

The regulation establishes emissions standards for hazardous air pollutants for equipment leaks. 4/22/1994 4/22/1994

9

Certain Processes Subject to the Negotiated Regulation for Equipment Leaks: National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

40 CFR Part 63 Subpart I

42 U.S.C. 7401 et seq. (Clean Air Act)

59 FR 19587

Air Pollution

The regulation establishes emissions standards for hazardous air pollutants for processes related to equipment leaks. 4/22/1994 4/22/1994

June 2019

81

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10

Industrial Process Cooling Towers: National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

40 CFR Part 63 Subpart Q

42 U.S.C. 7401 et seq. (Clean Air Act)

59 FR 46350

Air Pollution

The regulation establishes emissions standards for hazardous air pollutants for industrial process cooling towers banning the use of chromium-based water treatment chemicals in industrial process cooling towers. 9/8/1994 9/8/1994

11

Coal- and Oil-Fired Electric Utility Steam Generating Units: National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

40 CFR Part 63 Subpart UUUUU

42 U.S.C. 7401 et seq. (Clean Air Act)

77 FR 9464

Air Pollution

The regulation establishes particulate matter, antimony, arsenic, cadmium, cobalt, lead, manganese, nickel, selenium, hydrogen chloride, sulfur dioxide, beryllium, hydrogen fluoride, and mercury emissions standards for hazardous air pollutants at coal- and oil-fired electric utility steam generating units. Also establishes work practice standards, operational limits, performance testing requirements, and reporting requirements. 2/16/2012 4/16/2012

12

Marine Tank Vessel Loading Operations: National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

40 CFR Part 63 Subpart Y

42 U.S.C. 7401 et seq. (Clean Air Act)

60 FR 48399

Air Pollution

The regulation establishes emissions standards for hazardous air pollutants for marine tank vessel loading operations. Includes minimum achievable control technology standards (MACTS) for marine tank vessel loading operations, as well. 9/19/1995 9/19/1995

June 2019

82

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13

Stationary Combustion Turbines: National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

40 CFR Part 63 Subpart YYYY

42 U.S.C. 7401 et seq. (Clean Air Act)

69 FR 10537

Air Pollution

The regulation establishes ozone and formaldehyde emissions standards for hazardous air pollutants for stationary combustion turbines, as well as operating limits and reporting requirements. 3/5/2004 3/5/2004

14

Reciprocating Internal Combustion Engines: National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

40 CFR Part 63 Subpart ZZZZ

42 U.S.C. 7401 et seq. (Clean Air Act)

69 FR 33506

Air Pollution

The regulation establishes formaldehyde emissions standards for hazardous air pollutants for reciprocating combustion engines. Also establishes operating limitations, performance testing requirements and reporting requirements. 6/15/2004 6/15/2004

15

Chemical Accident Prevention Provisions

40 CFR Part 68

42 U.S.C. 7412(r), 7601(a)(1), 7661-7661f (Clean Air Act)

59 FR 4493; 61 FR 31668

Air Pollution

These regulations require and/or set guidance for the prevention and detection of accidental releases of certain hazardous substances from stationary sources of over certain threshold amounts of the subject substance. The rules address the use, operation, repair, and maintenance of equipment to monitor, detect, inspect, and control releases, including the training of personnel. The rules also include requirements for regulated facilities to submit Risk Management Plans (RMPs), comprising hazard assessments, prevention programs, and emergency response programs. 6/20/1996 6/21/1999

List of hazardous substances and thresholds requiring creation of RMPs published in 59 FR 4493, 1/31/1994. RMP requirements published in 61 FR 31668, 6/20/1996. Electric utilities, refineries, and chemical manufacturing facilities identified as part of regulated

June 2019

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universe as of 6/20/1996.

16 State Operating Permit Programs

40 CFR Part 70

42 U.S.C. 7401 et seq. (Clean Air Act)

57 FR 32250

Air Pollution

The regulation establishes the minimum elements of State operating permit programs to major stationary sources, including major sources of hazardous air pollutants as listed in the Clean Air Act, covered by New Source Performance Standards, sources covered by emissions standards for hazardous air pollutants pursuant to the Clean Air Act, and affected sources under the acid rain program. 7/21/1992 11/15/1993

11/15/1993 was the date by which states must submit proposed permit programs to EPA for approval.

17

Federal Operating Permit Programs

40 CFR Part 71

42 U.S.C. 7401 et seq. (Clean Air Act)

61 FR 34202

Air Pollution

The rule establishes the comprehensive Federal air quality operating permits permitting program, requiring all pollutant sources (as defined by the Clean Air Act) to obtain a permit to operate. 7/31/1996 7/31/1997

June 2019

84

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Effective Date Notes

18

Protection of Stratospheric Ozone

40 CFR Part 82

42 U.S.C. 7414, 7601, 7671-7671q (Clean Air Act)

57 FR 33754

Air Pollution

The rule establishes a system of reporting, caps, allowances, and exchanges of the of ozone depleting substances, such as chlorofluorocarbons (CFCs) that can be produced or imported, based on baseline conditions. Allocates decreasing allowances of ozone depleting substances to companies going forward. Fulfills the U.S.'s obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer. 1/1/1992 1/1/1992

19 Cross-State Air Pollution Rule

40 CFR Part 97

42 U.S.C. 7401 et seq. (Clean Air Act)

76 FR 48406

Air Pollution

The Clean Air Act's "good neighbor" provision requires EPA and states to address interstate transport of air pollution that affects downwind states' ability to attain and maintain National Ambient Air Quality Standards (NAAQS). Specifically, Clean Air Act section 110(a)(2)(D)(i)(I) requires each state in its State Implementation Plan (SIP) to prohibit emissions that will significantly contribute to nonattainment of a NAAQS, or interfere with maintenance of a NAAQS, in a downwind state. The Act requires EPA to backstop state actions by promulgating Federal Implementation Plans (FIPs) in the event that a state fails to submit, or EPA disapproves good neighbor SIPs. 8/8/2011 1/1/2015

June 2019

85

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20

Mandatory Greenhouse Gas Reporting

40 CFR Part 98

42 U.S.C. 7401-7671q (Clean Air Act Sections 114 and 208)

74 FR 56374; 74 FR 56260

Air Pollution

The regulation requires reporting of annual emissions of greenhouse gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and other fluorinated gases. The rule applies to downstream facilities that emit 25,000 metric tons or more per year, upstream suppliers of fossil fuels and industrial greenhouse gases, and manufacturers of vehicles and engines. 12/29/2009 1/1/2010

2010 was the first year of data collection.

21 New Source Review (NSR)

40 CFR Parts 49 and 52

42 U.S.C. 7401-7671q (Clean Air Act)

36 FR 22398

Air Pollution

Sets guidelines for issuance New Source Review permits, which apply to newly built or modified factories, industrial boilers, and power plants. Permits issued under New Source Review include: 1) Prevention of Significant Deterioration permits, for new major sources in areas that meet National Ambient Air Quality Standards; 2) Nonattainment New Source Review permits, for new major sources or major source modifications in areas that do not meet National Ambient Air Quality Standards; and 3) Minor New Source Review permits. 11/25/1971 11/25/1971

June 2019

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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

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22 Acid Rain Program

40 CFR Parts 72-78

42 U.S.C. 7401 et seq. (Clean Air Act)

58 FR 3650

Air Pollution

The Acid Rain Program (ARP), established under Title IV of the 1990 Clean Air Act (CAA) Amendments requires major emission reductions of sulfur dioxide (SO2) and nitrogen oxides (NOx), the primary precursors of acid rain, from the power industry. 1/11/1993 1/11/1993

23

OSHA Hazardous Waste Operations and Emergency Response Standards (HAZWOPER)

29 CFR 1910.120; 29 CFR 1926.65

29 U.S.C. 655 (Occupational Safety and Health Act)

54 FR 9294

Emergency Planning and Response

The regulation requires employers to develop a written safety and health program for their employees involved in hazardous waste operations. The program will identify, evaluate, and control safety and health hazards, and provide for emergency response for hazardous waste operations. The program will include an organizational structure, a comprehensive workplan, site-specific safety and health plans, training programs, medical surveillance programs, standard operating health and safety procedures, and interface between the general program and site-specific activities. 3/6/1989 3/6/1990

Amended in 1996 under the authority of the Superfund Amendments Reauthorization Act (SARA) in order to issue regulations protecting workers engaged in hazardous waste operations.

June 2019

87

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

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24

OSHA Emergency Action Plan (EAP)

29 CFR Part 1910.38 Subpart E

29 U.S.C. 653, 655, 657 (Occupational Safety and Health Act)

67 FR 67961

Emergency Planning and Response

Emergency Action Plans must include: Procedures for reporting a fire or other emergency; procedures for emergency evacuation, including type of evacuation and exit route assignments; procedures to be followed by employees who remain to operate critical plant operations before they evacuate; procedures to account for all employees after evacuation; procedures to be followed by employees performing rescue or medical duties; and the name or job title of every employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan. 11/7/2002 11/7/2002

June 2019

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25

Occupational Safety and Health Standards (OSHA)

29 CFR Part 1910

29 U.S.C. 655, 657 (Occupational Safety and Health Act)

39 FR 23502; 54 FR 9317; 57 FR 6403

Emergency Planning and Response

This rule promulgates occupational safety and health standards pursuant to national consensus standards or extant federal standards implemented in other federal statutes or regulations. The rule includes Process Safety Management (PSM) standards for preventing or minimizing the consequences of catastrophic releases of highly hazardous chemicals, which establishes process hazard analysis, operating procedure, and training protocols. It also requires employers to develop and implement a written safety and health program for employees involved in hazardous waste operations, which should be designed to identify, evaluate, and control safety and health standards, and provide for emergency response. 6/27/1974 6/27/1974

Regulation adopted and extended applicability of previously established Federal standards in effect on 4/28/1971. Part 1910.120 implemented 3/6/1990, see 54 FR 9317. Part 1910.119 (PSM standards) implemented 2/24/1992, see 57 FR 6403.

June 2019

89

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

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Effective Date Notes

26

Council on Environmental Quality Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act

40 CFR Part 1500-1518

42 U.S.C. 4371 et seq. (National Environmental Policy Act); 42 U.S.C. 7609 (Clean Air Act); E.O. 11514

43 FR 55990

Emergency Planning and Response

This rule attempts to ensure that federal agencies interpret and administer the policies, regulations, and public laws of the United States in accordance with the National Environmental Policy Act (NEPA). NEPA, and this subsequent regulation, stipulate that environmental information is available to public officials and citizens before decisions are made and actions are taken. The information must be of high quality and reflect accurate scientific analysis and allow for agency comment and public review. Prior to decisions and actions, federal agencies must prepare an environmental impact statement. 11/29/1978 7/30/1979

Rule was amended 4/25/1986 to require agencies to include notices about incomplete information in environmental impact statements, and make efforts to resolve the incomplete information, either by explaining its relevance, paying to acquire the information, or providing a summary of existing scientific evidence and/or agency evaluation of the incomplete information.

June 2019

90

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

Effective Date Notes

27

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Preparedness and Prevention

40 CFR Part 264, Subpart C

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

45 FR 33221

Emergency Planning and Response

Stipulates that hazardous waste facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or unplanned release of hazardous waste or hazardous waste constituents. Requires that all facilities obtain emergency response equipment - alarm system, telephone or radio, fire extinguishers, and water supply - and sets requirements for testing and maintenance of that equipment. Sets aisle space requirement for movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any part of the facility. Owners and operators must make arrangements for familiarization and response with local police, fire, and emergency response teams, state emergency response teams, and local hospitals. 5/19/1980 11/19/1980

June 2019

91

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

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28

National Oil and Hazardous Substances Contingency Plan (NCP)

40 CFR Part 300

42 U.S.C. 9601 (Comprehensive Environmental Response, Compensation, and Liability Act [CERCLA]); 42 U.S.C. 11001 et seq (Emergency Planning and Community Right-to-Know Act); 33 U.S.C. 1321 (Clean Water Act)

59 FR 47416

Emergency Planning and Response

The National Oil and Hazardous Substances Contingency Plan provides an organizational structure for preparing for and responding to discharges of oil and releases of hazardous substances, pollutants, and contaminants. Originally developed to provide a comprehensive system of accident reporting, spill containment, and cleanup for oil spills, it was expanded by the Clean Water Act of 1972 to include a framework for responding to all hazardous substances releases, and with Superfund in 1980 it expanded to include hazardous waste sites requiring emergency removal actions. The NCP was also revised in 1994 pursuant to the Oil Pollution Act of 1990. The National Priorities List (NPL) was created under the NCP. N/A 1968

29

CERCLA Designation, Reportable Quantities, and Notification

40 CFR Part 302

33 U.S.C. 1251 et seq. (Clean Water Act [CWA])

50 FR 13474

Emergency Planning and Response

This rule designates hazardous substances and establishes notification requirements for owners or operators of vessels or facilities that release hazardous substances above reportable quantity thresholds. 4/4/1985 4/4/1985

June 2019

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30

CERCLA Emergency Planning and Notification

40 CFR Part 355

42 U.S.C. 11001 et seq (Emergency Planning and Community Right-to-Know Act [EPCRA])

73 FR 65462

Emergency Planning and Response

CERCLA Emergency Planning and Notification requires disclosure of facility information to allow state and local authorities to develop and implement chemical emergency response plans if facilities handle designated extremely hazardous substances above established thresholds. 10/17/1986 10/17/1986

Date final rule published, and effective date are the date SARA (and EPCRA) were enacted.

31

CERCLA Hazardous Chemical Reporting: Community Right to Know

40 CFR Part 370

42 U.S.C. 11001 et seq (Emergency Planning and Community Right-to-Know Act [EPCRA])

73 FR 65478

Emergency Planning and Response

This rule establishes the Material Safety Data Sheet (MSDS) and inventory reporting requirements for hazardous materials/extremely hazardous materials over certain thresholds present at a facility. 10/17/1986 10/17/1986

Date final rule published, and effective date are the date SARA (and EPCRA) were enacted.

32

CERCLA Toxic Chemical Release Reporting

40 CFR Part 372

42 U.S.C. 11023 and 11048 (Emergency Planning and Community Right-to-Know Act [EPCRA])

53 FR 4525

Emergency Planning and Response

This regulation establishes reporting requirements for toxic chemical releases for facility owners and operators. EPA retains reports on releases submitted under this regulation in the Toxic Releases Inventory (TRI). 2/16/1988 2/16/1988

June 2019

93

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Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

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33

Superfund, Emergency Planning, and Community Right-to-Know Programs

40 CFR Parts 300-399

42 U.S.C. 9601 (Comprehensive Environmental Response, Compensation, and Liability Act [CERCLA]); 42 U.S.C. 11001 et seq (Emergency Planning and Community Right-to-Know Act [EPCRA]); 33 U.S.C. 1321 (Clean Water Act [CWA]) N/A

Emergency Planning and Response

CERCLA sets practices and requirements for public notification of releases of hazardous substances, responses to releases, and remediation of harm caused by releases. Note that CERCLA excludes petroleum and other substances indigenous in petroleum substances, as well as fossil fuel combustion waste, from its definition of "hazardous substances," and therefore does not regulate those substances. CERCLA enforcement provisions hold responsible parties liable for cleanup at sites where hazardous substances caused a release or threat of release and may impose financial assurance requirements on parties found responsible at such sites. 12/11/1980 12/11/1980

Date final rule published, and the effective date are the date CERCLA was signed into law. EPCRA signed into law in 1986 under SARA and amended through the Pollution Prevention Act in 1990. Key individual regulations implemented under CERCLA/EPCRA discussed in separate rows.

34

Requests for NIOSH Health Hazard Evaluations

42 CFR Part 85

Sec. 8(g), 84 Stat. 1600; 29 U.S.C. 657(g) and sec. 508, 83 Stat. 803 (Occupational Health and Safety Act); 30 U.S.C. 957

37 FR 23640

Emergency Planning and Response

Establishes the procedure for employers or employees to request a health hazard evaluation of a jobsite by National Institute for Occupational Safety and Health (NIOSH) officer. Under the regulation, NIOSH officers have the authority to perform investigations of the work environment and conduct medical and anthropometric examinations of employees. NIOSH will submit copies of the investigation results to the employer, employees, and the Department of Labor. 11/7/1972 12/7/1972

June 2019

94

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

Effective Date Notes

35

Process Safety Management of Highly Hazardous Chemicals

29 CFR Part 1910.119

29 U.S.C. 653, 655, 657 (Occupational Safety and Health Act)

57 FR 6403

Hazardous Substances Management

Establishes requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals that may result in toxic, fire, or explosion hazards. Requires employers to develop plan of employee implementation, complete a compilation of written process safety information, perform process hazard analyses, establish written operating procedures, conduct trainings, conduct incident investigations, establish emergency action plans, and conduct compliance audits for processes involving hazardous chemicals. 2/24/1992 2/24/1992

36

Toxic Substances Control Act Chemical Substance Inventory

40 CFR Part 710

15 U.S.C. 2601 et seq.; 44 U.S.C. 3504

42 FR 64572

Hazardous Substances Management

Implemented under the authority of the Toxic Substances Control Act (TSCA), the Chemical Substance Inventory is the program through which EPA compiles, updates, and publishes a list of the chemical substances that are manufactured or processed in the United States. The TSCA treats chemicals on the Chemical Substances Inventory as "existing" and chemicals not on the inventory as "new chemical substances." To use or manufacture chemical substances, they must be on the Chemical Substances Inventory. The Inventory also compiles manufacturing and use restrictions for chemical substances. 12/23/1977 1/1/1978

EPA finalized a rule under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, passed 6/22/2016, that added "active" or "inactive" designations to the Chemical Substances Inventory, depending on whether the chemical substance had been manufactured or processed in the United States from 6/22/2006-6/21/2016.

June 2019

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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

Effective Date Notes

37

Toxic Substances Control Act Premanufacture Notification

40 CFR Part 720

15 U.S.C. 2601 et seq.; 44 U.S.C. 3504

48 FR 21742

Hazardous Substances Management

Through the Toxic Substances Control Act (TSCA)'s New Chemicals Review Program, EPA reviews "new chemical substances" that are not on the Chemical Substance Inventory to determine the risks to human health and the environment posed by chemicals new to the marketplace. Any operator who plans to manufacture or import a new chemical substance must submit a premanufacture notice (PMN) to the EPA 90 days before importing or manufacturing the chemical. 5/13/1983 7/12/1983

June 2019

96

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

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Effective Date Notes

38

Toxic Substances Control Act Regulations

40 CFR Parts 700-799

15 U.S.C. 2601 et seq.; 44 U.S.C. 3504

53 FR 31252

Hazardous Substances Management

The Toxic Substances Control Act (TSCA) imposes reporting and recordkeeping requirements on manufacturers, importers, processors, and distributors of chemical substances. "Chemical substances" regulated by the TSCA include organics, inorganics, polymers, chemicals of unknown or variable composition, complex reaction products, and biological materials. The TSCA does not regulate pesticides, foods, drugs, cosmetics, tobacco, nuclear materials, or munitions. TSCA requires testing of chemicals by manufacturers, importers, and processors. The act requires manufacturers, importers, and processors to pay fees for premanufacture notices (PMNs), certain PMN exemption applications and notices, and significant new use notices. Enables EPA to issue "significant new use rules" for chemicals. 10/11/1976 1/1/1977

The Toxic Substances Control Act was amended on 6/22/2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which required EPA to evaluate existing chemicals on clear and enforceable deadlines, created risk-based chemical assessments, and increased the transparency of chemical information. Implementation of the act begin on 6/22/2017, which included final rules to establish EPA's process to evaluate high priority chemicals and require industry reporting of chemicals manufactured or processed in the US over the last 10 years.

June 2019

97

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

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Effective Date Notes

39 Pollution Prevention Act

42 U.S.C Chapter 133

42 U.S.C Chapter 133 (Pollution Prevention Act) N/A

Hazardous Substances Management

The Pollution Prevention Act establishes a national policy to prevent or reduce pollution at the source, whenever feasible and an EPA office to carry out the requirements of the Act (Office of Chemical Safety and Pollution Prevention). Pollution prevention approaches are to be applied to all pollution-generating activities. Any pollution that cannot be prevented should be recycled in an environmentally safe manner, whenever feasible. The act promotes pollution prevention by reducing or eliminating waste at the source and/or reduces the hazards to public health and the environment from pollutants by modifying equipment, technology, and production processes, formulating product design, substituting raw materials, improving operating procedures, and recycling materials rather than putting them into the waste stream. It provides for grants to support pollution prevention measures at the state level. The act requires facility owners or operator that file annual toxic chemical release forms to include an annual toxic chemical source 11/5/1990 11/5/1990

The date the final rule was published, and the effective date are the date on which the Pollution Prevention Act was signed into law.

June 2019

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reduction and recycling report with that filing.

June 2019

99

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

Effective Date Notes

40

Hazardous Materials Safety Regulations

49 CFR Parts 100-185

49 U.S.C. 5101–5127 (Hazardous Materials Transportation Act)

67 FR 42951

Hazardous Substances Management

In this final rule, the Research and Special Programs Administration (RSPA) of the Department of Transportation revises and clarifies its hazardous materials safety rulemaking and program procedures. RSPA has rewritten the rulemaking procedures in plain language and made minor substantive changes for clarification. In addition, RSPA created a new part that contains defined terms used in RSPA’s procedural regulations. This rule outlines oil spill prevention and response plans; transportation of hazardous materials; specifications for packagings; specifications for tank cars; and qualification and maintenance of packagings. 6/25/2002 7/25/2002

June 2019

100

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41 Pipeline Safety Regulations

49 CFR Parts 190-199

49 U.S.C. 1671 et seq (National Pipeline Safety Act) and 49 U.S.C. 60101 et seq (Hazardous Liquid Pipeline Safety Act)

35 FR 13257; 45 FR 9203; 45 FR 20413; 46 FR 38360; 53 FR 47096; 55 FR 38691; 58 FR 253; 78 FR 58908; 80 FR 43866

Hazardous Substances Management

These regulations prescribe procedures for the Materials Transportation Bureau of the DOT to follow to assure compliance with the Natural Gas Pipeline Safety Act and the Hazardous Liquid Pipeline Safety Act. - Establishes reporting requirements and minimum federal safety standards for transporters of gas by pipeline - Establishes federal safety standards for liquefied natural gas facilities - Establishes requirements for oil spill response plans for onshore oil pipelines - Establishes standards and requirements for the transportation of hazardous liquids by pipeline - Establishes requirements for excavators to protect underground pipelines - Prescribes regulations for grants-in-aid for state pipeline safety compliance programs - Requires operators of pipeline facilities to subject employees to drug and alcohol testing. 8/19/1970 8/19/1970

Regulations promulgated with authority from Natural Gas Pipeline Safety Act (1968) and amended in 1976, and later through the Hazardous Liquid Pipeline Safety Act of 1979, the Pipeline Safety Reauthorization Act of 1988, the Pipeline Safety Act of 1992, the Accountable Pipeline Safety and Partnership Act of 1996, the Pipeline Safety Improvement Act of 2002, the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006, the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, and Protecting Our Infrastructure of Pipelines Enhancing Safety Act of 2016.

June 2019

101

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

Effective Date Notes

42

Industrial Waste: Fossil Fuel Combustion

40 CFR Part 250

42 U.S.C. 3001, 3002, and 3004 (Solid Waste Disposal Act)

43 FR 58946

Hazardous Waste Management and Disposal

The rule categorizes wastes from the combustion of fossil fuels designated as "special wastes" as exempt from RCRA regulations. These wastes include fly ash, bottom ash, boiler slag and particulates removed from flue gas. During its assessment of the regulatory status of fossil fuel combustion wastes, EPA divided the wastes into two categories: Large-volume coal combustion wastes generated at electric utility and independent power producing facilities that are managed separately. 12/18/1978 12/18/1978

June 2019

102

Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

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43

Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments

40 CFR Part 257.50-107

33 U.S.C. 1345 (Navigation and Navigable waters) 42 U.S.C. (Public Health and Welfare)

80 FR 21468

Hazardous Waste Management and Disposal

Determines which CCR landfills and CCR surface impoundments pose a reasonable probability of adverse effects on health or the environment. Establishes minimum national criteria for purposes of determining which solid waste disposal facilities and solid waste management practices do not pose a reasonable probability of adverse effects on health or the environment. Applies to owners and operators of new and existing landfills and surface impoundments, including any lateral expansions of such units that dispose or otherwise engage in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers. Unless otherwise provided in this subpart, these requirements also apply to disposal units located off-site of the electric utility or independent power producer. This subpart also applies to any practice that does not meet the definition of a beneficial use of CCR. Also applies to inactive CCR surface impoundments at active electric utilities or independent power producers, regardless of the fuel currently used at the facility to produce electricity. 4/17/2015 10/19/2015

June 2019

103

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44

Identification and Listing of Hazardous Waste

40 CFR Part 261

42 U.S.C. 6905, 6912(a), 6921, 6922, 6924(y), and 6938 (Resource Conservation and Recovery Act [RCRA])

45 FR 33119

Hazardous Waste Management and Disposal

The regulation identifies solid wastes which are subject to regulation and notification requirements as hazardous wastes under RCRA Subtitle C. Hazardous wastes identified include those from nonspecific sources and those from industry specific sources. Establishes the criteria for solid wastes to be treated as hazardous wastes under RCRA. Establishes emergency preparedness and response management for identified hazardous wastes. Also sets air emission standards for process vents, equipment leaks, and tanks and containers storing identified hazardous wastes. Hazardous wastes from specific sources identified include wastes from organic and inorganic chemical manufacturing, pesticide manufacturing, and petroleum refining. 5/19/1980 11/19/1980

The Solid Waste Disposal Amendments, enacted on 10/12/1980, included the Bevill Amendment, which initially exempted fossil fuel combustion wastes from regulation as hazardous wastes under RCRA Subtitle C. EPA ultimately exempted fossil fuel combustion wastes from RCRA Subtitle C regulations through regulatory determinations on 8/9/1993 and 5/22/2000. However, EPA promulgated regulations for coal combustion residue under RCRA Subtitle D for non-hazardous waste under 40 CFR Part 257. The Additional hazardous wastes from petroleum refining identified in amendments to regulation, effective 5/2/1991 (see 55 FR

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46354), and 2/8/1999 (see 63 FR 42110).

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45

Standards Applicable to Generators of Hazardous Waste

40 CFR Part 262

42 U.S.C 6906, 6912, 6922-6925, 6937, and 6938 (RCRA)

45 FR 33142

Hazardous Waste Management and Disposal

These regulations establish standards for generators of hazardous waste. The standards outline: requirements for the manifest; pre-transport requirements; recordkeeping and reporting; and special conditions for international shipments and farmers. 5/19/1980 11/19/1980

Initially, small quantity generators (SQGs, those that generated between 100-1,000 kg/mo. of hazardous wastes) were exempt from these rules. The Hazardous and Solid Waste Amendments (HWSA) to RCRA were signed into law on 11/8/1984. The HWSA added regulations for SQGs under 40 CFR Part 262 effective 9/22/1986 (see 51 FR 10146).

46

Standards Applicable to Transporters of Hazardous Waste

40 CFR Part 263

42 U.S.C. 6906, 6912, 6922-6925, 6937, and 6938, (RCRA)

45 FR 33151

Hazardous Waste Management and Disposal

This rule establishes standards for transporters of hazardous waste. This rule clarifies compliance with the manifest system and recordkeeping, requires records to be kept 3 years from date manifest was accepted by initial transporter, provides a toll-free phone number for discharge reporting, and requires immediate action and discharge cleanup for hazardous waste discharges. The rule also establishes EPA authorization of state programs. 5/19/1980 11/19/1980

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47

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Air Emission Standards

40 CFR Part 264, Subpart AA-CC

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

55 FR 25494

Hazardous Waste Management and Disposal

Regulations establish air emissions standards for process vents, equipment leaks, tank systems, surface impoundments, and containers. Standards include test methods and procedures, inspection requirements, and recordkeeping and reporting requirements. 6/21/1990 12/21/1990

Air emissions standards for tanks, surface impoundments, and containers implemented 12/6/1994 (see 59 FR 62927).

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48

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: General Facility Standards

40 CFR Part 264, Subpart B

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

45 FR 33221

Hazardous Waste Management and Disposal

Every owner and operator of a hazardous waste facility must apply for an EPA identification number in order to fulfill EPA notification procedures. Subpart requires owners and operators of hazardous waste facilities to submit notices upon arranging for receipt of hazardous waste from off-site sources. Facilities must meet location standards, including consideration of seismic environment, floodplains, and salt dome formations. Prior to treatment, storage, or disposal of hazardous wastes, owners and operators must obtain detailed chemical and physical analysis of a representative sample of waste. Owners and operators must establish sufficient security programs to prevent unknowing and unauthorized entry of persons or livestock into the active portion of the facility. Regulation establishes general inspection requirements to check for malfunctions, deterioration, operator error, and discharges. Personnel at hazardous waste facilities must also complete a training program directed by an individual trained in hazardous waste management procedures; the training must include emergency response instruction and must be reviewed annually. Regulation includes specific requirements for 5/19/1980 11/19/1980

Amended numerous times since implementation.

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ignitable, reactive, or incompatible wastes. Owners and operators must maintain records of personnel and training completion until closure.

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49

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Contingency Plan and Emergency Procedures

40 CFR Part 264, Subpart D

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

45 FR 33221

Hazardous Waste Management and Disposal

Owners and operators of hazardous waste facilities must have a contingency plan designed to minimize hazards to human health or the environment from fires, explosions, or the release of hazardous waste or hazardous waste constituents. The contingency plans establish the actions personnel must take in response to fires, explosions, or the release of hazardous waste or hazardous waste constituents. Plans must list emergency equipment at facility, include evacuation plans, and describe arrangements with local emergency response personnel. Plans must designate emergency coordinator responsible for undertaking emergency procedures, including assessment and reporting of any release, fire, or explosion. Owners and operators may fulfill the requirements of this subpart by amending existing emergency contingency plans, including Spill Prevention, Control and Countermeasure (SPCC) plans. Owners and operators must make copies of plan available, must review and amend plan when necessary. 5/19/1980 11/19/1980

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50

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Containment Buildings

40 CFR Part 264, Subpart DD

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

57 FR 37265

Hazardous Waste Management and Disposal

Establishes design and operating standards for containment buildings that treat or store hazardous waste. Requires owners and operators of facilities with containment buildings to remove or decontaminate all waste residues, containment system components, subsoils, and structures and equipment contaminated with waste or leachate, and manage them as hazardous waste. Owners and operators must generate closure plans and cost estimates, perform closure activities, and acquire financial responsibilities for containment buildings. If owners and operators cannot affect removal or decontamination of contaminated components, subsoils, structures, and equipments, they must close the facility and perform post-closure care, including acquiring financial responsibility. Any such closed containment building site is considered a landfill for the purposes of compliance with the other subparts of 40 CFR Part 264. 8/18/1992 2/18/1993

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51

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Manifest System, Recordkeeping, and Reporting

40 CFR Part 264, Subpart E

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

45 FR 33221

Hazardous Waste Management and Disposal

If a facility receives hazardous waste accompanied by a manifest, the owner or operator must sign and date the manifest to certify receipt and note any discrepancies in the manifest. If a facility accepts hazardous waste without an accompanying manifest, facility must notify EPA regional office within 15 days. Facilities must also notify EPA regional office of releases, fires, or explosions and facility closure. This regulation imposes requirement on facilities to keep an operating record including descriptions and quantities of hazardous wastes received, as well as waste analyses, reports, and inspections. Owners and operators must also generate and notice closure and post-closure cost estimates. These operating records must be maintained at facilities for five years and must be made available for EPA review. Once every two years, owners and operators must submit a report to the EPA regional offices describing activities for the previous year. 5/19/1980 11/19/1980

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52

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Releases from Solid Waste Management Units

40 CFR Part 264, Subpart F

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

47 FR 32350

Hazardous Waste Management and Disposal

Establishes requirements for owners and operators of hazardous waste treatment, storage, and disposal facilities with surface impoundments, land treatment units, or landfills. The regulation imposes these requirements through the facility permitting program. Establishes groundwater protection standards for specific hazardous constituents that facilities must meet. Requires those facilities to detect, characterize, and respond to releases from those units into the uppermost groundwater aquifer during the active life of unit and during closure. Owners and operators must implement monitoring programs, including wells, in order to monitor compliance with groundwater protection standards and detect presence of hazardous constituents in groundwater. Corrective action programs must be instituted whenever the groundwater protection standard is exceeded and when hazardous constituents exceed concentration limits in local groundwater. Corrective action programs must be implemented so that regulated units are in compliance with groundwater protection standards. Corrective action programs must be 7/26/1982 1/26/1983

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implemented to protect human health and the environment.

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53

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Closure and Post-Closure

40 CFR Part 264, Subpart G

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

51 FR 164444

Hazardous Waste Management and Disposal

The regulation establishes closure and post-closure requirements for hazardous waste facilities. Closure requirements include imposition of closure standards, implementation of closure plan, and time allowed for closure activities. Sets guidelines for disposal or decontamination of equipment, structures, and soils. Upon completion of closure of a hazardous waste disposal unit, owners and operators must submit a certification of closure to the EPA regional office. Post-closure requirements apply for 30 years after closure and include implementation of post-closure plan, post-closure property use and care guidelines, and notification and security requirements if hazardous waste remains on the facility after post-closure period. 5/2/1986 10/29/1986

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54

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Financial Requirements

40 CFR Part 264, Subpart H

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

47 FR 15047

Hazardous Waste Management and Disposal

Establishes financial responsibility standards for owners and operators of hazardous waste management facilities. Owners or operators must generate detailed written estimates of the cost of closure If the facility has a disposal surface impoundment, disposal miscellaneous unit, land treatment unit, or landfill unit, or a surface impoundment or waste pile, owner or operator must prepare contingent closure and post-closure plan and cost estimate. Owners and operator must adjust closure costs for inflation and an annual basis and also revise cost estimate to account for modifications to the closure plan. Owners and operators must establish financial assurance for the closure and post-closure of the facility through either: 1) a closure trust fund; 2) surety bond; 3) letter of credit; 4) insurance; or 5) financial test and corporate guarantee, or a combination of the preceding instruments. 4/7/1982 7/6/1982

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55

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Use and Management of Containers

40 CFR Part 264, Subpart I

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

46 FR 2866

Hazardous Waste Management and Disposal

Establishes regulations for owners and operators of hazardous waste facilities that store hazardous waste in containers. Requires that owners or operators use container materials that will not react with hazardous wastes to be stored, that containers must be kept closed, and that containers must be handled and stored in such a manner to avoid rupture or leakage. Requires containment systems for container storage areas and provides guidelines for containment system design. Requires weekly inspections. At closure, all hazardous wastes and hazardous waste residues must be removed from the containment system and containers must be decontaminated. 1/12/1981 7/13/1981

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56

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Tank Systems

40 CFR Part 264, Subpart J

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

51 FR 25472

Hazardous Waste Management and Disposal

For owners and operators of facilities that use tank systems to store or treat hazardous waste, this regulation establishes guidelines for determining integrity of tank systems, operating requirements, and data collection and inspection requirements. Owners and operators that design and install new tank systems or components must obtain and submit an assessment of the new tank system certified by a professional engineer. Requires installation of secondary containment systems for tank systems and establishes minimum design and operating standards for secondary containment systems. The regulation also requires the removal of tank systems or secondary containment systems from which there has been a leak or spill from use. Owners and operators must then remove waste from the tank and secondary containment system, contain visible releases to the environment, and notify EPA regional office. Owners or operators must then complete repairs of the tank or containment system; systems may not be returned to service until the repairs have been certified by a professional engineer. The regulation also establishes 7/14/1986 1/12/1987

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closure and post-closure requirements for facilities that use tank and secondary containment systems, including acquisition of financial responsibility.

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57

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Surface Impoundments

40 CFR Part 264, Subpart K

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

47 FR 32357

Hazardous Waste Management and Disposal

Establishes design and operating requirements for owners and operators of hazardous waste facilities that use surface impoundments to treat, store, or dispose of hazardous waste. Owners and operators must install a leak detection system; EPA regional offices must approve leak detection system and set the maximum design flow rate the leak detection system can remove without the fluid head exceeding 1 foot. Owner and operator must calculate average daily flow rate to leak detection system on a weekly basis. Regulation also establishes requirements for approved response action plans, monitoring and inspection programs, emergency repair and contingency plans, and closure and post-closure plans and activities. 7/26/1982 1/26/1983

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58

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Waste Piles

40 CFR Part 264, Subpart L

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

47 FR 32357

Hazardous Waste Management and Disposal

Establishes design and operating requirements for owners and operators of hazardous waste facilities that use waste piles to treat, store, or dispose of hazardous waste. Owners and operators must install a leak detection system; EPA regional offices must approve leak detection system and set the maximum design flow rate the leak detection system can remove without the fluid head exceeding 1 foot. Owner and operator must calculate average daily flow rate to leak detection system on a weekly basis. Regulation also establishes requirements for approved response action plans, monitoring and inspection programs, emergency repair and contingency plans, and closure and post-closure plans and activities. 7/26/1982 1/26/1983

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59

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Land Treatment

40 CFR Part 264, Subpart M

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

47 FR 32357

Hazardous Waste Management and Disposal

Requires owners and operators of hazardous waste facilities that treat or dispose of hazardous waste in land treatment units to establish land treatment programs that meet the specifications established by the EPA regional office in the facility permit in terms of hazardous constituents to be degraded, transformed, or immobilized within the unit and the vertical and horizontal dimensions of the treatment zone. Requires owners and operators to demonstrate that the hazardous constituents in the waste can be degraded, transformed, or immobilized within the treatment zone through field tests, laboratory analyses, available data, or operating data. Under this regulation, EPA regional offices will specify design, construction, operations, and maintenance requirements within facility permits. The regulation also establishes soil monitoring, recordkeeping, and closure and post-closure care requirements. 7/26/1982 1/26/1983

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60

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Landfills

40 CFR Part 264, Subpart N

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

47 FR 32357

Hazardous Waste Management and Disposal

Establishes design and operating requirements for owners and operators of hazardous waste facilities that use landfills to treat, store, or dispose of hazardous waste. Owners and operators must install a leak detection system; EPA regional offices must approve leak detection system and set the maximum design flow rate the leak detection system can remove without the fluid head exceeding 1 foot. Owner and operator must calculate average daily flow rate to leak detection system on a weekly basis. Regulation also establishes requirements for approved response action plans, monitoring and inspection programs, surveying and recordkeeping, emergency repair and contingency plans, and closure and post-closure plans and activities. 7/26/1982 1/26/1983

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61

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Incinerators

40 CFR Part 264, Subpart O

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

46 FR 7678

Hazardous Waste Management and Disposal

Establishes regulatory requirements for owners and operators of hazardous waste incinerators. Owners or operators of hazardous waste must obtain permit for operation, including submission of waste analysis. Requirements include incinerator design, construction, and maintenance standards, including standards for burn rate, destruction removal efficiency for certain wastes, particulate matter emissions. Also requires treatment of principal organic hazardous constituents prior to incineration. Establishes monitoring and inspection requirements for combustion temperature, carbon monoxide, and waste and exhaust emissions sampling and analysis. Any monitoring and inspection data must be recorded, and records must be placed in operating record and maintained for five years. At closure, owners and operators must remove all hazardous waste and hazardous waste residues from the incinerator site. 1/23/1981 7/22/1981

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62

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Special Provisions for Cleanup

40 CFR Part 264, Subpart S

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

67 FR 3024

Hazardous Waste Management and Disposal

Regulations under this subpart relate to hazardous wastes generated, stored, managed, or treated as part of cleanup actions. Establishes Corrective Action Management Unit regulations. These regulations apply to wastes, media, and debris that are managed for implementing cleanup. Regulations prohibit deposition of liquids in CAMUs. Establishes treatment and design requirements for CAMUs that will otherwise be specified through permitting program. Also establishes closure and postclosure requirements for CAMUs. Tanks and container storage areas that treat or store hazardous remediation wastes during remedial activities may be designated Temporary Units (TUs), and must operate under design, operating, and closure standards specified by EPA regional offices. 1/22/2002 4/22/2002

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63

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities: Miscellaneous Units

40 CFR Part 264, Subpart X

42 U.S.C. 6905, 6912(a), 6924, 6925, 6935, 6936, and 6937 (Resource Conservation and Recovery Act [RCRA])

52 FR 46964

Hazardous Waste Management and Disposal

Regulations implemented to establish regulatory framework for hazardous waste management technologies not covered by existing permitting standards, or miscellaneous units. Establishes environmental performance standards; monitoring, analysis, inspection, response, reporting, and corrective requirements; and post-closure care requirements under permits for owners and operators of hazardous waste facilities that treat, store, or dispose of hazardous waste in miscellaneous units. 12/10/1987 1/11/1988

64

Hazardous and Solid Waste Amendments for Corrective Action

40 CFR Part 264.100-101

42 U.S.C. 6905, 6912, 6924, 6925 (Resource Conservation and Recovery Act [RCRA])

47 FR 32350, July 26, 1985, as amended at 50 FR 4514, Jan. 31, 1985; 52 FR 45798, Dec. 1, 1987; 71 FR 16904, Apr. 4, 2006

Hazardous Waste Management and Disposal

This rule outlines the responsibilities for an owner or operator in establishing a corrective action program. This rule amends 40 CFR 264 by adding subparts on: ground-water protection, surface impoundments, waste piles, land treatment, and landfills. 7/26/1985 7/26/1985

The Hazardous and Solid Waste Amendments (HWSA) to RCRA were signed into law on 11/8/1984.

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65

Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

40 CFR Part 266

42 U.S.C. 1006 (Public Health and Welfare)

50 FR 666

Hazardous Waste Management and Disposal

This rule sets standards for generators, transporters, storers, and users of suite of specific hazardous materials. Regulations set standards for the disposal of the materials and the burning of hazardous waste for energy. The rule applies to batteries and disposal of recyclable materials. 1/4/1985 1/4/1985

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66 Land Disposal Restrictions

40 CFR Part 268

42 U.S.C. 6905, 6912(a), 6921, and 6924 (Resource Conservation and Recovery Act [RCRA])

51 FR 40638

Hazardous Waste Management and Disposal

This part establishes land disposal standards, restrictions, and prohibitions for hazardous wastes. It identifies hazardous wastes that are restricted from land disposal and defines limited circumstances under which prohibited wastes may continue to be land disposed pursuant to subpart C of RCRA section 3004. The regulation prohibits dilution of prohibited waste as a substitute for treatment and proper disposal. It allows for disposal of prohibited wastes following treatment in appropriate surface impoundments, under certain testing, removal, recordkeeping, and design requirements. It establishes timeframes for compliance for newly listed hazardous wastes that are disposed in surface impoundments. It also establishes testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities. Includes special rules regarding wastes that exhibit any of the following characteristics: ignitability, corrosivity, reactivity, or toxicity. Certain individual subparts are discussed at greater length, below. 11/7/1986 11/8/1986

The Hazardous and Solid Waste Amendments (HWSA) to RCRA were signed into law on 11/8/1984. The HWSA amended RCRA and set deadline for EPA to issue final RCRA permits; land disposal units that did not receive permit by 11/8/1988 must close if not retrofitted with double liners and leachate collection systems. EPA later promulgated specific land disposal restrictions for RCRA hazardous wastes. Effective dates for restrictions on organic and inorganic manufacturing wastes, pesticide manufacturing wastes, and petroleum refining wastes were set between 1988-1990 (see 55 FR 22520) and 1993-1994.

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67

Land Disposal Restrictions: Prohibitions on Land Disposal

40 CFR Part 268, Subpart C

42 U.S.C. 6905, 6912(a), 6921, and 6924 (Resource Conservation and Recovery Act [RCRA])

51 FR 40642

Hazardous Waste Management and Disposal

Establishes waste-specific prohibitions for land disposal for the following wastes: dyes and pigment production wastes, wood preserving wastes, dioxin-containing wastes, soils with toxicity characteristics of metals and PCBs, chlorinated aliphatic wastes, toxicity characteristic metal wastes, petroleum refining wastes, inorganic chemical wastes, ignitable and corrosive wastes, coke by-products, spent aluminum potliners, reactive wastes, and carbamate wastes. 11/7/1986 11/8/1986

Prohibition initially imposed on spent solvents. Waste prohibitions promulgated on an iterative basis through amendments following initial implementation from 1998-2005. Petroleum refining waste prohibitions published 8/6/1998 and effective 2/8/1999 (see 63 FR 42186).

68

Land Disposal Restrictions: Treatment Standards

40 CFR Part 268, Subpart D

42 U.S.C. 6905, 6912(a), 6921, and 6924 (Resource Conservation and Recovery Act [RCRA])

51 FR 40642

Hazardous Waste Management and Disposal

Establishes treatment standards that prohibited wastes must meet in order to be land disposed. Standards expressed as concentrations of waste extract, required technologies used, and waste concentrations. Establishes treatment standards for hazardous debris prior to land disposal. Also establishes universal treatment standards based on the concentration of hazardous constituents, along with wastewater treatment standard levels. Alternative land disposal restriction standards for contaminated soil treatment standards also set. 11/7/1986 11/8/1986

Technology based standards initially promulgated on 11/7/1986; waste concentration and waste extract concentration standards promulgated 9/19/1994 (see 59 FR 48103).

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69

Land Disposal Restrictions: Prohibitions on Storage

40 CFR Part 268, Subpart E

42 U.S.C. 6905, 6912(a), 6921, and 6924 (Resource Conservation and Recovery Act [RCRA])

51 FR 40642

Hazardous Waste Management and Disposal

Requires that prohibited wastes must be stored in tanks, containers, or containment buildings at disposal facilities, and stipulates that wastes may only be stored to facilitate their proper recovery, treatment, and disposal. Prohibits storage of prohibited wastes for more than one year, unless storage is necessary to accumulate sufficient waste to facility proper recovery, treatment, or disposal. Liquid hazardous wastes containing PCBs at concentrations of 50 ppm must be stored in proper facilities and treated or disposed in proper manner within one year of storage. 11/7/1986 11/8/1986

Appendices include schedule of effective dates for land disposal restrictions surface disposed and injected prohibited hazardous wastes on a waste by waste basis.

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70

Hazardous Waste Permit Program

40 CFR Part 270

42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974 (Resource Conservation and Recovery Act [RCRA])

48 FR 14228

Hazardous Waste Management and Disposal

Establishes provisions for the Hazardous Waste Permit Program under Subtitle C of the Solid Waste Disposal Act (amended by RCRA). Requires that generators and transporters of hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities file notifications for those activities. Also requires that owners and operators of hazardous waste treatment, storage, and disposal facilities obtain permits to conduct those activities. Owners and operators of hazardous waste management units must have permits during the active life of the unit, including during closure. The regulation covers basic EPA permitting requirements, including applications, standard permit conditions, and monitoring and reporting requirements. RCRA permit applications have two parts: Part A (a standardized form) and Part B (a narrative document). Existing hazardous waste management facilities must submit Part A in a timely fashion following promulgation of this rule; they then have six months to submit part B. Owners and operators of new hazardous waste management facilities must submit Parts and B at 5/19/1980 11/19/1980

The Hazardous and Solid Waste Amendments (HWSA) to RCRA were signed into law on 11/8/1984. The HWSA amended RCRA and required all landfills and surface impoundments to have groundwater monitoring and financial assurance in place by 11/8/1985. The HWSA also added regulations for treatment, storage, and disposal facilities for small quantity generators (SQGs, those that generated between 100-1,000 kg/mo. of hazardous wastes), which were previously exempt. The SQG regulations took effect 9/22/1986.

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least 180 days before the commencement of physical construction.

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71

Hazardous Waste Special Forms of Permits

40 CFR Part 270, Subpart F

42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974 (Resource Conservation and Recovery Act [RCRA])

48 FR 14228

Hazardous Waste Management and Disposal

Permits by rule regulations establish conditions that owners or operators of ocean disposal barges, underground injection wells, and publicly owned treatment works must meet to be deemed to have a RCRA permit. The Subpart also establishes an interim permit program for underground injection wells to emanate from EPA within states that do not have underground injection control permitting programs. The subpart was later amended to include regulations for RCRA standardized permits for storage and treatment units on 9/8/2005. 4/1/1983 4/1/1983

Amended multiple times since promulgation (7/15/1985, 12/1/1987, etc.), as well as on 9/8/2005 to establish RCRA standardized permit for storage and treatment unit permitting rules.

72 Remedial Action Plans (RAPs)

40 CFR Part 270, Subpart H

42 U.S.C. 6905, 6912, 6924, 6925, 6927, 6939, and 6974 (Resource Conservation and Recovery Act [RCRA])

63 FR 65941

Hazardous Waste Management and Disposal

Remedial Action Plan regulations establish a permitting system that owners or operators may obtain, instead of a regular Part 270 RCRA permit, to treat, store, or dispose of hazardous remediation waste at a remediation waste management site. 11/30/1998 6/1/1999

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73

Standards for Universal Waste Management

40 CFR Part 273

42 U.S.C. 6922, 6932, 6924, 6925, 6930, and 6937 (Resource Conservation and Recovery Act [RCRA])

60 FR 25542

Hazardous Waste Management and Disposal

Establishes requirements for managing disposal of "universal wastes." Universal wastes comprise batteries, pesticides, mercury-containing equipment, and lamps, and these universal wastes may be or may include substances that are hazardous wastes. Standards vary by category: small quantity handlers of universal waste, large quantity handlers of universal waste, waste transporters, and destination facilities. Standards for all categories include notification (including receipt of EPA ID number), waste management, labeling/marking, accumulation time, employee training, release response guidelines and requirements, and shipment tracking. 5/11/1995 5/11/1995

Amended on 7/6/1999 (64 FR 36489) and 8/5/2005 (70 FR 45522).

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74

Standards for the Management of Used Oil

40 CFR Part 279

42 U.S.C. 6905, 6912(a), 6921 through 6927, 6930, 6934, and 6974 (Resource Conservation and Recovery Act [RCRA]); and sections 101(37) and 114(c) of CERCLA; 42 U.S.C. 9601(37) and 9614(c)) (Solid Waste Disposal Act)

57 FR 41612

Hazardous Waste Management and Disposal

The rule establishes standards for disposal of used oil, applicable to used oil alone and oil mixed with other materials. Oil from vessels, vehicles, households and more fall under this regulation. It covers storage conditions, labeling, and leak standards, and burning standards for generators and heaters. Includes standards for transportation and transfer facilities as well as processors and re-refiners. Used oil fuel marketers and used oil for dust suppressant also falls under this regulation. The rule also covers oil spill clean-up and used oil releases. Petroleum refiners were exempt from the requirements of Part 279 so long as the mixtures of used oil and other petroleum liquids stored or transported at refining facilities contained less than 1% used oil, or the used oil was introduced after crude distillation or catalytic cracking, or the used oil was incidentally captured in a wastewater treatment system and inserted into the facility. 9/10/1992 9/10/1992

Used oil does not fall under the CERCLA petroleum exclusion and is therefore a CERCLA hazardous substance.

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75

Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks

40 CFR Part 280

42 U.S.C. 6912, 6991, 6991(a), 6991(b), 6991(c), 6991(d), 6991(e), 6991(f), 6991(g), 6991(h), 6991(i) (Resource Conservation and Recovery Act [RCRA])

53 FR 37082; 53 FR 43322

Hazardous Waste Management and Disposal

This rule establishes technical standards and requirements related to underground storage tanks (UST). The rule outlines: scope, installation requirements for partially excluded UST systems; design, construction, installation, and notification of UST systems; operating requirements; release detection; release reporting, investigation, confirmation; release response and corrective action for UST systems containing petroleum or hazardous substances; out of service UST systems/closures; financial responsibility; lender liability; operator training; and UST systems and field constructed tanks and airport hydrant fuel distribution systems. 9/23/1988 10/26/1989

Revised in 2015 (see 80 FR 41565).

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76

Approval of State Underground Storage Tank Programs

40 CFR Part 281

42 U.S.C. 6912, 6991(c), 6991(d), 6991(e), 6991(i), 6991(k) (Resource Conservation and Recovery Act [RCRA])

53 FR 37082; 53 FR 43322

Hazardous Waste Management and Disposal

This rule covers requirements for approval of underground storage tank programs. Requirements for approval include: release detection and reporting, lender liability, and financial responsibility for UST systems containing petroleum. The Administrator may approve either partial or complete state programs. A ‘‘partial’’ state program regulates either solely UST systems containing petroleum or solely UST systems containing hazardous substances. If a ‘‘partial’’ state program is approved, EPA will administer the remaining part of the program. A ‘‘complete’’ state program regulates both petroleum and hazardous substance tanks. For approval, programs must be adequately enforced, and approval can be withdrawn. 9/23/1988 10/26/1989

Revised in 2015 (see 80 FR 41565).

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77

Approved Underground Storage Tank Programs

40 CFR Part 282

42 U.S.C. 6912, 6991c, 6991d, and 6991e (Resource Conservation and Recovery Act [RCRA])

58 FR 58625

Hazardous Waste Management and Disposal

The rule approved the state of New Hampshire to administer and enforce an underground storage tank program in lieu of the federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State’s program, as administered by the New Hampshire Department of Environmental Services, was approved by EPA pursuant to 42 U.S.C. 6991c and part 281 of this Chapter. EPA’s approval was effective on July 19,1991. 11/2/1993 11/2/1993

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78

Hazardous Waste Regulations

40 CFR Parts 260-272

42 U.S.C. 6905 et seq. (Resource Conservation and Recovery Act [RCRA])

45 FR 33073

Hazardous Waste Management and Disposal

EPA promulgated a suite of regulations under the authority of the Resource Conservation and Recovery Act (RCRA), subtitle C to protect human health and the environment from the improper management of hazardous waste. These regulations establish EPA's "cradle to grave" hazardous waste management system. Individual parts lay out the standards, reporting requirements, and permitting programs for hazardous waste generation, storage, and disposal. 5/19/1980 11/19/1980

Regulations issued under the authority of RCRA, which was enacted in 1976 and amended the Solid Waste Disposal Act of 1965. Major amendments to RCRA included the Solid Waste Disposal Amendments, enacted 10/12/1980 and including the Bevill Amendment, and the Hazardous and Solid Waste Amendments, enacted 11/8/1984.

79

Permits for Structures or Work in Affecting Navigable Waters of the United States

33 CFR Part 322

33 U.S.C. 403. (Clean Water Act)

51 FR 41228

Water Pollution

Rule affects certain structures or work in or affecting navigable waters in the US. Operators of such structures or works must obtain permits. 11/13/1986 11/13/1986

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80

National Pollutant Discharge Elimination System (NPDES)

40 CFR Part 122-125

33 U.S.C. 1251et seq. sections 318, 402, and 405(a) (Clean Water Act)

48 FR 14153

Water Pollution

Part 122 covers permits required to discharge pollutants into US waters. EPA issues two types of NPDES permits, individual and general. An individual permit is a permit tailored for regulations for a specific facility. A general permit regulates a category of similar dischargers within a geographical area or within a State. However, because of the potential hazards associated with the chemical industry, EPA has elected to issue individual permits to this industry with the exception that general permits for storm water discharges may be issued. Point sources requiring permits include animal and aquatic animal feeding and production facilities, sewers, and more. Standards, duration limits, and permit conditions are all included in the rule. Part 123 covers EPA procedures in approving, revising, and withdrawing state programs and state program requirements under sections 318, 402, and 405 of CWA. Programs that conform to regulations may be approved, approval leads to a suspension of federal permits to the state program. Requirements include control of disposal of pollutants into wells. 1972 1972

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81 Water Quality Standards

40 CFR Part 131

33 U.S.C. 1251 et seq. (Clean Water Act)

48 FR 51405

Water Pollution

Sets requirements and procedures for developing, reviewing, revising, and approving state water quality standards. Under the Clean Water Act, standards should protect public health or welfare, enhance the quality of the water, provide water quality for the protection and propagation of fish, shellfish, and wildlife, and for recreation in and on the water, taking into consideration the water's use. Standards must be sufficient to protect body of water's designated uses. 11/8/1983 11/8/1983

82

Water Quality Guidance for the Great Lakes System

40 CFR Part 132

33 U.S.C. 1251 et seq. (Clean Water Act, as amended by the Great Lakes Critical Programs Act)

60 FR 15387

Water Pollution

Establishes water quality standards in the Great Lakes and its watersheds for 29 toxic pollutants at levels safe for humans, wildlife, and aquatic life. 3/23/1995 4/24/1995

Implemented parts of the 1978 Great Lakes Water Quality Agreement between the U.S. and Canada.

83

Underground Injection Control Program

40 CFR Part 144-148

42 U.S.C. 300f et seq (Safe Drinking Water Act); 42 U.S.C. 6901 et seq (Resource Conservation and Recovery Act)

48 FR 14189

Water Pollution

The rule ensures that materials or quantities of materials injected into the ground do not endanger drinking water sources (for public and Indian reservation lands) and allows for enforcement and punishment of the regulations. Drinking water sources include wells and other underground sources. Wells are divided into 5 classes and defined, some deal with hazardous waste, oil or natural gas, minerals, radioactive waste, and more. Some materials require permits to inject underground. 4/1/1983 4/1/1983

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84

Effluent Limitation Guidelines

40 CFR Part 400-471

33 U.S.C. 1251et seq. (Clean Water Act)

39 FR 4532

Water Pollution

Regulations promulgated or proposed under Parts 402 through 699 of this subchapter prescribe effluent limitations guidelines for existing sources, standards of performance for new sources and pretreatment standards for new and existing sources. Point sources of discharges of pollutants are required to comply with these regulations, where applicable, and permits issued by States or the Environmental Protection Agency (EPA) under the National Pollutant Discharge Elimination System (NPDES). Individual parts address specific industry or process sources: Part 414 deals with organic chemical manufacturing, 415 deals with inorganic chemical manufacturing, 419 covers petroleum refining, 423 deals with electric power generation, 455 deals with pesticide manufacturing. 2/4/1974 2/4/1974

Industry/process specific amendments and revisions.

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85

General Pretreatment Regulations for Existing and New Sources of Pollution

40 CFR Part 403

33 U.S.C. 1251et seq. (Clean Water Act)

46 FR 9439

Water Pollution

The rule establishes responsibilities of Federal, State, and local government, industry and the public to implement National Pretreatment Standards to control pollutants which pass through or interfere with treatment processes in Publicly Owned Treatment Works (POTWs) or which may contaminate sewage sludge. This regulation applies: (1) to pollutants from non-domestic sources covered by Pretreatment Standards which are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs as defined below in § 403.3; (2) to POTWs which receive wastewater from sources subject to National Pretreatment Standards; (3) to States which have or are applying for National Pollutant Discharge Elimination System (NPDES) programs approved in accordance with section 402 of the Act; and (4) to any new or existing source subject to Pretreatment Standards. National Pretreatment Standards do not apply to sources which discharge to a sewer which is not connected to a POTW Treatment Plant. The goal of the rule is to prevent introductions of pollutants in Publicly Owned Treatment Works (POTWs) interfering with operations of disposal of sludge and to improve 5/9/1974 5/9/1974

Multiple amendments and revisions on source by source basis.

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opportunity to recycle and reclaim industrial wastewaters and sludge.

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Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

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86

Steam Electric Power Generating Effluent Guidelines

40 CFR Part 423

33 US.C. 1311, 1314, 1316, 1317, and 1361 (Clean Water Act)

39 FR 36186

Water Pollution

Establishes effluent limitations guidelines for steam electric power generating facilities. Guidelines set requirements for wastewater streams from flue gas desulfurization, fly ash, bottom ash, flue gas mercury control, and gasification of fuels. 10/8/1974 10/8/1974

Guidelines updated once in 1982, and again with final rule effective 1/4/2016 (80 FR 67837) that establishes limits on toxic metals and other harmful pollutants are allowed to discharge to wastewater. EPA administrator announced rulemaking on 8/11/2017 to potentially revise best available technology effluent limitations from 2015 rulemaking.

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Federal Environmental Regulations Relevant to Electric Power Generation, Transmission, and Distribution Facilities

Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

Effective Date Notes

87

State Sludge Management Program Regulations

40 CFR Part 501

33 U.S.C. 1251et seq. Sections 101(e), 405(f). 501(a), and 518(e) (Clean Water Act)

54 FR 18786

Water Pollution

The rule specifies EPA procedures in approving, revising and withdrawing state (as eligible under 518(e)) sludge managements programs. Requirements include authority (following 101(e) requirements) to require compliance, issue permits (405f), make provisions, take public health actions, remedy violations, etc. The rule covers sewage sludge and covers disposal of sludge into landfills, and water. State submissions must include a letter from the Governor, description of intentions for processes, memorandum agreements, state statutes and regulations and more. Program director must report semi-annually and annually to the EPA. 5/2/1989 5/2/1989

88

Standards for the Use or Disposal of Sewage Sludge

40 CFR Part 503

Sections 405 (d) and (e) (Clean water Act)

58 FR 9387

Water Pollution

The rule establishes standards for requirements, pollutant limits, management practices, operational standards, and disposal of sewage sludge. Standards apply to land, fired in incinerators, or disposal sites. Applies to any person who prepares of disposes of sewage sludge in any way and covers gas from incinerators. Standards must be in accordance with EOA rules, Solid Waste Disposal Act, Safe Drinking Water Act, Marine Protection, Research, and Sanctuaries Act or Clean Air Act. 2/19/1993 2/19/1994

Effective date of 2/19/1995 if compliance requires construction of new facilities.

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Row Regulation Citation Authority Source(s) Focus Overview Final Rule Published

Effective Date Notes

89

Marine Protection, Research, and Sanctuaries Act

40 CFR Parts 220-238

16 USC § 1431 et seq. and 33 USC §1401 et seq. (Ocean Dumping Act)

42 FR 2462

Water Pollution

Prohibits (1) transportation of material from the United States for the purpose of ocean dumping; (2) transportation of material from anywhere for the purpose of ocean dumping by U.S. agencies or U.S.-flagged vessels; (3) dumping of material transported from outside the United States into the U.S. territorial sea. A permit is required to deviate from these prohibitions. 1/11/1977 1/11/1977

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B. Federal Environmental Regulations Relevant to Nuclear Power Generation Facilities

In its review of damage cases relevant to the electric power generation, transmission, and distribution industry, EPA located one NPL site associated with a nuclear power generation facility. Given the vastly different nature of this subsector and the significance of the radiological risks that it poses, EPA concluded that nuclear power generation facilities did not warrant the same level of specific environmental regulatory review as other subsectors of the electric power generation, transmission, and distribution industry. Nonetheless, EPA included this section to briefly summarize the environmental regulations specifically relevant to nuclear power generation facilities.

Congress first enacted legislation to implement nuclear regulation through the Atomic Energy Act of 1946. This law created the Atomic Energy Commission (AEC), which was the predecessor to the NRC. Initially, the AEC’s activities focused on the regulation of the development and extraction of radioactive materials for national defense. Congress later amended the scope of AEC’s authority with the Atomic Energy Act of 1954, which made the development of commercial nuclear power possible. Under the authority of the 1954 bill, the AEC implemented regulatory programs that both encouraged the installation of nuclear power facilities and regulated the safety of those activities. During the 1960s, critics of the AEC charged that its regulations did not sufficiently protect public health and safety, due to inadequate radiation protection, reactor safety, plant siting, and environmental protection standards. Congress subsequently abolished the AEC through the 1974 Energy Reorganization Act, which created its replacement: the NRC. The NRC began operations in 1975.264

The NRC’s regulatory activities focus on reactor safety and oversight, license programs for existing plants, materials safety and oversight, and management of high-level and low-level waste.265 NRC regulations include safety standards to protect against radiation exposure that comprise radiation protection programs, occupational dose limits, dose limits for members of the public, survey and monitoring requirements, precautionary procedure requirements, and waste disposal requirements.266 The NRC oversees extensive licensing programs for source materials,

264 “History,” NRC, accessed April 18, 2019 at: https://www.nrc.gov/about-nrc/history.html. 265 For a complete list of NRC regulations under 10 CFR, see “NRC Regulations, Title 10, Code of Federal Regulations,” NRC, accessed April 18, 2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/. 266 “NRC Regulations (10 CFR), Part 20 – Standards for Protection Against Radiation,” NRC, accessed April 18, 2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/part020/.

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production and utilization facilities, and power plants.267 The NRC also implements regulations for reactor site criteria, including evaluation factors for power generation facility reactors.268

Specific environmental regulations include those in 10 CFR Part 51, which establishes environmental protection regulations relevant for NRC’s licensing and other regulatory functions. Effectively, this part implements sections of the National Environmental Policy Act. It describes the criteria for actions and construction requiring environmental impact statements and/or environmental assessments for nuclear power facilities and imposes general requirements for environmental reporting. Environmental reports for production and utilization facilities must include information on relevant permitting, licensing, and certification at the site, uranium fuel cycle environmental data, the environmental effects of the transportation of fuel and waste, and postconstruction status. In addition to environmental reporting, facilities must hold and participate in public hearings on these issues. The part also sets requirements for the submission of environmental information to the NRC as part of the reporting process.269

The regulatory framework for nuclear power facilities includes provisions for the independent storage of spent nuclear fuel, high-level radioactive waste, and reactor-related greater than Class C waste. The regulations effectively create a licensing program for the receipt, transfer, or possession of reactor spent fuel and other radioactive materials that may be stored at an independent fuel storage installation.270

NRC regulations in 10 CFR Part 140 impose financial protection requirements for nuclear power generation facilities. Under these regulations, reactors must acquire and maintain financial protection to satisfy any public liabilities resulting form of between $1 million and $450 million, depending on the reactor size and reactor risk to population. Facilities may furnish financial protection in the form of limited liability insurance and must provide proof of the existence of financial protection to the NRC.271

In addition to regulations promulgated by NRC, EPA also regulates some low-activity radioactive wastes that nuclear power generation facilities produce. Low-level radioactive waste that contains components that RCRA defines as chemically hazardous are defined as mixed low-

267 See 10 CFR Parts 40, 50, and 54. 268 “NRC Regulations (10 CFR), Part 100 – Reactor Site Criteria,” NRC, accessed April 18, 2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/part100/. 269 “NRC Regulations (10 CFR), Part 51 – Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,” NRC, accessed April 18, 2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/part051/index.html. 270 “NRC Regulations (10 CFR), Part 72 – Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste,” NRC, accessed April 18, 2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/part072/. 271 “NRC Regulations (10 CFR), Part 140 – Financial Protection Requirements and Indemnity Agreements,” NRC, accessed April 18, 2019 at: https://www.nrc.gov/reading-rm/doc-collections/cfr/part140/.

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level radioactive wastes. These wastes are regulated and managed by both the EPA under RCRA and the NRC under the Atomic Energy Act.272 A 2003 EPA Advance Notice of Proposed Rulemaking sought to collect public comment on additional alternatives for disposal of waste containing low levels of radioactive materials. The Notice focused on whether RCRA Subtitle C waste landfills offered appropriate protection for the disposal of such low-activity radioactive wastes.273

272 “Low-Activity Radioactive Wastes,” EPA, accessed April 18, 2019 at: https://www.epa.gov/radiation/low-activity-radioactive-wastes. 273 68 FR 65119.

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APPENDIX III. STATE ENVIRONMENTAL REGULATIONS

The following tables summarize state environmental regulations relevant to fossil fuel electric power generation facilities in a sample of states representative of the geographic distribution of fossil fuel power plants in the United States. The sample comprises the states that contain 50 percent of the fossil fuel electric power facilities in the country, and includes: Pennsylvania, Michigan, Indiana, Illinois, Missouri, Texas, Kentucky, Iowa, Ohio, Wisconsin, Florida, Minnesota, and North Carolina.

The tables that follow present lists and summaries of the state regulations relevant to fossil fuel electric power generation facilities. In many cases, states adopt federal regulations or incorporate the federal regulations by reference, but it would be impossible to accurately evaluate whether, in practice, state programs are protective without reviewing individual permit decisions and permit requirements.

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Table A. Florida: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

Row Regulation Citation Focus Overview Effective

Date Notes

1

Air Pollution Control - General Provisions F.A.C. 62-204 Air Pollution

Florida air pollution regulations include adoption of federal National Ambient Air Quality Standards (40 CFR Part 50), New Source Performance Standards (40 CFR Part 60), National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 63), state operating permit programs (40 CFR Part 70), Acid Rain Program regulations (40 CFR Part 72-78), Protection of Stratospheric Ozone regulations (40 CFR Part 82), and Control of Emissions from New and In-Use Non-Road Compression Engine regulations (40 CFR Part 89), among other federal air pollution regulations. 7/21/2006

Last amended 9/25/2018.

2

Stationary Sources - General Requirements F.A.C. 62-210 Air Pollution

Requires owners and operators of facilities that emit or can reasonably be expected to emit air pollutants to obtain authorization from the Florida Department of the Environmental Protection for authorization of relevant operations through air general and air construction permits. Includes some facility- and facility feature-specific permit requirements, requirements for public notice and comment, and unit-specific secondary emission limits for transient modes of operation. 8/26/1981 Last amended 7/3/2018.

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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

Row Regulation Citation Focus Overview Effective

Date Notes

3

Stationary Sources - Preconstruction Review F.A.C. 62-212 Air Pollution

Establishes preconstruction review requirements for any new major stationary source emission unit and facility construction. Requirements differ by whether the area where the source is located has attained the National Ambient Air Quality Standards - in which case a Prevention of Significant Deterioration permit would apply - or not - in which case a Preconstruction Review of Nonattainment Areas permit would apply. Also stipulates conditions for Plantwide Applicability Limit permits. 5/20/1997

Last amended 2/16/2012.

4

Operation Permits for Major Sources of Air Pollution F.A.C. 62-213 Air Pollution

Creates a comprehensive operation permit system for major sources of air pollution. Permitting framework includes annual emission fees, trading of emissions within a single source to comply with federal emissions caps established through the permit, and provisions for permit review by federal EPA and affected states. 11/28/1993

Last amended 12/31/2013.

5

Requirements for Sources Subject to the federal Acid Rain Program F.A.C. 62-214 Air Pollution

Establishes additional permit requirements for major source facilities subject to the federal Acid Rain Program. Requires facilities to submit acid rain compliance plans and compliance options to the Florida Department of Environmental Protection. 1/3/2001

Last amended 3/11/2010.

6 Asbestos Program F.A.C. 62-257 Air Pollution Establishes fee schedule for asbestos removal projects. 2/9/1999

Last amended 10/12/2008.

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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

Row Regulation Citation Focus Overview Effective

Date Notes

7

Stationary Sources - Emission Standards F.A.C. 62-296 Air Pollution

Establishes emission limiting standards and compliance requirements for stationary sources of air pollutant emissions. Includes emission limits for specific categories of facilities and emission units - including fossil fuel steam generators, sulfuric acid plants, and nitric acid plants. Also establishes reasonably available control technology requirements. Establishes standards and testing methods for particulate matter, as well as standards for visible air emissions and prohibition of objectionable odors. Also implements federal Clean Air Interstate rule. 11/23/1994 Last amended 2/8/2017.

8

Stationary Sources - Emissions Monitoring F.A.C. 62-297 Air Pollution

Establishes general emissions test requirements and standards, including EPA volatile organic compound capture efficiency test procedures. 11/23/1994

Last amended 7/10/2014.

9

Short-Term Emergency Response F.A.C. 62-107

Emergency Planning and Response

Allows the Department of Environmental Protection to use monies from the Water Quality Assurance Trust Fund in order to pay for activities in responding to a short-term emergency, including assessing emergency, remediating emergency, relieving emergency, and providing temporary sources of drinking water. 2/16/1984

Last amended 2/16/1984.

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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

Row Regulation Citation Focus Overview Effective

Date Notes

10

Hazardous Substance Release Notification F.A.C. 62-150

Emergency Planning and Response

Requires owners and operators of facilities to notify the Florida Department of Environmental Protection upon knowledge of release of a hazardous substance in a quantity equal to or exceeding the reportable quantity. 11/27/1988

Last amended 11/27/1988.

11

Contaminant Cleanup Target Levels F.A.C. 62-777

Emergency Planning and Response

Provides criteria that apply to site rehabilitation at sites that are governed by the terms of a brownfield site rehabilitation agreement (62-785), to site rehabilitation pursuant to the Florida hazardous waste provisions (62-730), to program specific contaminants for site rehabilitation pursuant to petroleum contamination site cleanup criteria (62-770), to program specific contaminants for site rehabilitation pursuant to drycleaning solvent cleanup criteria (62-782), or at soil treatment facilities (62-713). Sets contaminant target levels for groundwater, surface water, and soil for cleanup actions. 8/5/1999

Last amended 4/17/2005.

12

Contaminated Site Cleanup Criteria F.A.C. 62-780

Emergency Planning and Response

Establishes cleanup criteria and procedure for site rehabilitation conducted at sites contaminated with pollutants, hazardous substances, drycleaning solvents, and petroleum and petroleum products. 2/16/2012 Last amended 2/2/2017.

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Florida Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

Row Regulation Citation Focus Overview Effective

Date Notes

13 Brownfields Cleanup Criteria F.A.C. 62-785

Emergency Planning and Response

Establishes cleanup criteria for brownfield site rehabilitation, i.e., any site rehabilitation that is governed by the terms of a Brownfield Site Rehabilitation Agreement. Cleanup criteria established to protect human health, public safety, and environment. Provides for a phased, risk-based corrective action process to determine criteria that tailors the rehabilitation tasks to the site-specific circumstances and risks and considers the proposed redevelopment project. Includes provision for site and risk assessments, transport and statistical model requirements, quality assurance requirements, provisions for interim source removal, provisions for active and post-active remediation, and monitoring, and certification guidelines. 4/17/2005

Last amended 6/12/2013.

14 Electrical Power Plant Siting F.A.C. 62-17

Hazardous Substances Management

Establishes location siting rules, public notification requirements, certification system, and post-certification monitoring and reporting requirements for electrical power plants in the state of Florida. 2/1/1999

Last amended 9/27/2017.

15

Underground Storage Tank Systems F.A.C. 62-761

Hazardous Waste Disposal and Management

Provides requirements for underground storage tank systems that store regulated substances in order to minimize the occurrence and environmental risk of releases and discharges. Includes provisions for compliance inspections. 6/21/2004

Last amended 1/11/2017.

June 2019

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16

Aboveground Storage Tank Systems F.A.C. 62-762

Hazardous Substances Management

Provides requirements for aboveground storage tank systems that store regulated substances in order to minimize the occurrence and environmental risk of releases and discharges. Includes provisions for compliance inspections. 6/21/2004

Last amended 1/11/2017.

17 Underground Injection Control F.A.C. 62-528

Hazardous Waste Management and Disposal

Establishes permitting system for underground injection wells, including well classifications, public notification requirements and monitoring requirements. 6/24/1997 Last amended 2/8/2017.

18

Solid Waste Management Facilities F.A.C. 62-701

Hazardous Waste Management and Disposal

Establishes standards for the construction, operation, and closure of solid waste management facilities to limit their threat to public health and the environment. Standards include permit fees for solid waste management facilities, requirements and criteria for landfill construction and operation, hydrogeological and geotechnical investigation requirements, water quality monitoring requirements, and closure and long-term care requirements and procedures. Also creates financial assurance requirements for solid waste management facilities that stipulate the generation of a closure and corrective action cost estimate; financial assurance requirements can be met through deposition of funds in landfill management escrow account. 1/6/1993

Last amended 3/13/2016.

June 2019

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19 Used Oil Management F.A.C. 62-710

Hazardous Waste Management and Disposal

Establishes a comprehensive program for the proper management and recycling of used oil. Requires used oil generators to dispose of used oil with permitted used oil processor, creates permitting programs for used oil processing facilities, establishes recordkeeping and reporting requirements, and sets guidelines for the management of used oil filters. 6/9/2005

Last amended 6/18/2018.

20 Hazardous Waste F.A.C. 62-730

Hazardous Waste Management and Disposal

Identifies materials considered to be hazardous waste. Establishes standards applicable to generators of hazardous waste, transporters of hazardous waste, and hazardous waste treatment, storage, and disposal facilities. Creates permitting systems for operation, construction, and closure of hazardous waste facilities. Establishes operational and financial assurance requirements for hazardous waste remedial activities. Sets land disposal restrictions. Establishes standards for universal waste management. 1/29/2006

Last amended 6/18/2018.

June 2019

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21 Surface Water Quality Standards F.A.C. 62-302

Water Pollution

Establishes water quality standards for the state of Florida. Creates classification system for surface waters. Standards set for minimum criteria for waters within the state, which prohibit discharges which create nuisance deposition, float as debris, produce water conditions such as to form a nuisance, or pose a serious danger to the public health, safety, and welfare. Minimum criteria also include standards for silver and benzene hexachloride. General criteria establish effluent limits for suite of water pollutants. 3/1/1979

Last amended 3/28/2017.

22 Total Maximum Daily Loads F.A.C. 62-304

Water Pollution

Establishes total maximum daily loads and allocations for all waters that have been verified to be impaired by a pollutant. Total maximum daily load assigned to each body of water individually. 12/22/2004

Last amended 8/19/2018.

23 Water Quality Credit Trading F.A.C. 62-306

Water Pollution

Creates a water quality trading program through which water quality credits are generated and may be traded among pollutant sources to reduce or eliminate nutrient or nutrient-related impairments. 9/6/2010

Last amended 1/11/2016.

24

Best Management Practices Water Quality Monitoring F.A.C. 62-307

Water Pollution

Requires nonpoint source dischargers located within Basin Management Action Plan areas to either submit a notice of intent to implement appropriate best management practices or conduct water quality monitoring to meet water quality criteria for the Basin Management Action Plan area. 7/1/2018 Last amended 7/1/2018.

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25

Environmental Resource Permitting F.A.C. 62-330

Water Pollution

The Environmental Resource Permit program establishes permitting procedures for the construction, alteration, operation, maintenance, repair, abandonment, and removal of stormwater management systems, dams, impoundments, reservoirs, appurtenant works, and works. 10/1/2013 Last amended 6/1/2018.

26 Mitigation Banks F.A.C. 62-342 Water Pollution

Creates a "mitigation bank" program in which adverse water quality impacts can be offset through the use of mitigation credits from a permitted mitigation bank. Provides criteria for the mitigation bank system. 2/2/1994

Last amended 2/19/2015.

27

Water Resource Implementation Rule F.A.C. 62-40

Water Pollution

Establishes programs for management, conservation, and protection of waters of the state of Florida, pursuant to the Florida Water Resources Act. Programs include water level and water supply management, water quality standards (implemented through total maximum daily loads), stormwater management, water reuse and recycling, floodplain protection, and regional water supply plans. 7/20/1995 Last amended 5/3/2014.

28

Ground Water Classes, Standards, and Exemptions F.A.C. 62-520

Water Pollution

Establishes groundwater classification system and water quality standards, as well as monitoring requirements and correct action procedures when facilities discharge to groundwater in a manner that is an imminent hazard to public health or when a groundwater plume has extended beyond the zone of discharge. 1/1/1983

Last amended 7/12/2009.

June 2019

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29

Ground Water Permitting and Monitoring Requirements F.A.C. 62-522

Water Pollution

Establishes provisions for ground water discharge permitting and monitoring programs. Prohibits discharge of contaminants into ground water that violate state water quality standards and criteria for groundwater as established in F.A.C. 62-520. 4/14/1994 Repealed 7/12/2009.

30

Domestic Wastewater Facilities F.A.C. 62-600

Water Pollution

Establishes design, operation, and maintenance requirements for wastewater facilities. Sets minimum treatment standards based on required technologies (Technology Based Effluent Limitations) and additional treatment standards based on water quality criteria (Water Quality Based Effluent Limitations). Establishes requirements for disinfection and pH criteria. Establishes monitoring requirements for treatment facility and groundwater. Establishes discharge guidelines to surface waters, coastal and open ocean waters, and through injection wells. 11/27/1989 Last amended 2/8/2016.

June 2019

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31

Collection Systems and Transmission Facilities F.A.C. 62-601

Water Pollution

Establishes prohibitions for discharges waste discharges to water from collection and transmission facilities, including discharge of acceptance by operator of a treatment facility wastewater discharges that have not been treated and that may contain pollutants: that may cause fire or explosion hazards, that may cause excessive corrosion or deterioration of wastewater facilities, that are solid or viscous such that they obstruct water flow, that result in excessive wastewater temperatures, or that result in the presence of toxic gases, vapors, or fumes causing worker health and safety problems. Provides technical guidance, design and performance considerations, operation and maintenance guidelines, and procedure to obtain transmission/collection facility permits. 11/6/2003

Last amended 11/6/2003.

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32

Wastewater Facility and Activities Permitting F.A.C. 62-620

Water Pollution

Sets forth the procedures to obtain a permit to construct, modify, or operate a wastewater facility or activity which discharges wastes into waters of the State or which will reasonably be expected to be a source of water pollution. It also includes requirements and procedures for establishing permit limitations and conditions, issuance or denial of a permit, extension, renewal or revision of a permit, suspension or revocation of a permit, and transfer of a permit to a new owner. It contains requirements for monitoring and reporting after the permit is issued, and lists the forms needed to apply for a permit and to report the results of testing and monitoring required by this chapter. 11/29/1994 Last amended 4/6/2018.

33 General Permits F.A.C. 62-621 Water Pollution

Establishes the procedures for operators to obtain National Pollutant Discharge Elimination System (NPDES) permits and non-NPDES, state generic permits. Also establishes the conditions under which permittees must operate. For some general permits, permittee must prepare best management practices plan. Some general permits also require toxicity testing. 8/22/1995

Last amended 11/16/2017.

June 2019

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34

Pretreatment Requirements for Existing and Other Sources of Pollution F.A.C. 62-625

Water Pollution

Establishes pretreatment standards for discharge of pollutants from nondomestic sources into wastewater facilities. Standards include prohibited discharges and categorical standards. Categorical standards derived from categories in federal NPDES standards, including categories for pesticide manufacturing facilities and chemical manufacturing facilities that produce benzene, polypropylene, polyvinyl chloride, rubber precursors, chlorinated solvents, toluene, rayon, nylon, and polyester. Allows for granting of removal credits to public utility wastewater facilities equal to destination wastewater facility's removal rate. 11/29/1994

Last amended 5/23/2018.

35

Water Quality Based Effluent Limitations F.A.C. 62-650

Water Pollution

Provides guidelines for setting water quality based effluent limitations for application in Florida water quality standards in order to protect the beneficial uses of state water. Creates two levels of water quality based effluent limitations: Level I water quality based effluent limits are based on data applicable to water body of discharge; Level II limits are determined through an analysis of the available assimilative capacity of a water body. 11/27/1989

Last amended 12/26/1996.

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36

Industrial Wastewater Facilities F.A.C. 62-660

Water Pollution

Establishes effluent limitations on plants that discharge industrial wastes into the waters of the state. Limitations are based on technology and water quality consideration. Technology limitations are based on the availability of technology: best practical control technology currently available, which all dischargers were required to apply; and best conventional pollutant control technology, which all dischargers of conventional pollutants were required to apply. Water quality consideration limitations are determined based on the condition of the receiving water body and the nature, volume, and frequency of the proposed discharge. 11/27/1989

Last amended 3/22/2017.

June 2019

165

Table B. Illinois: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

Illinois Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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1

Organic Materials Emissions Standards and Limitations

35 Ill. Adm Code 215 Air Pollution

This Part contains standards and limitations for emissions of organic material from stationary sources, seperated by region. Covers storage and loading operations (including liquid petroleum storage tanks), cleaning and more. 8/24/1992

2

Major Stationary Sources Construction and Modification

35 Ill. Adm. Code 203 Air Pollution

This part goes over permitting for major stationary sources in nonattainment areas, requirements for these sources, and operating or major modification. It also includes offsets for emission increases. 7/22/1983

Last amended 3/10/1998.

3

New Source Performance Standards

35 Ill. Adm. Code 230 Air Pollution Repealed state code and adopts federal code. 11/26/1991

4 Hazardous Air Pollutants

35 Ill. Adm. Code 231 Air Pollution Repealed state code and adopts federal code. 11/26/1991

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5

National primary ambient air quality standards (primary NAAQS)

35 Ill. Adm. Code 243 Air Pollution

National primary ambient air quality standards (primary NAAQS) define levels of air quality that USEPA has judged are necessary, with an adequate margin of safety, to protect the public health. National secondary ambient air quality standards (secondary NAAQS) define levels of air quality that USEPA has judged necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. These standards are subject to revision, and additional primary and secondary NAAQS may be promulgated as USEPA deems necessary to protect the public health and welfare. 4/14/1972

Last amended 5/29/2018.

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6

Clean Air Act Permit Program Procedures

35 Ill. Adm. Code 270 Air Pollution

This Part applies to the owner or operator of any source required to have an operating permit pursuant to Section 39.5 of the Act. For a submittal to be deemed timely, an owner or operator of an existing CAAPP source shall submit to the Agency a complete initial CAAPP application in accordance with the schedule set forth in Section 270.201 of this Part. An owner or operator of an existing CAAPP source may voluntarily submit its initial CAAPP application prior to the date required in this Part, provided that the CAAPP submittal to the Agency is subsequent to the date the Agency submits the CAAPP to USEPA for approval. THE OWNER OR OPERATOR OF A NEW CAAPP SOURCE SHALL SUBMIT ITS COMPLETE CAAPP APPLICATION CONSISTENT WITH Section 39.5(5) of the Act. 6/14/1994 Last amended 6/7/1995.

7

Information on Coal Contracts and Sampling Required in Permit Applications for Coal-Fired Fuel Combustion Emission Sources

35 Ill. Adm. Code 271 Air Pollution

Describes the information required by the Illinois Environmental Protection Agency from coal-fired fuel combustion emission sources in order to issue operating permits. Required information includes coal supply contracts or letters of intent, coal quality specifications, and results of daily coal samples. 12/29/1977

Last amended 10/1/1984.

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8

Visible Emissions from Coke Oven Batteries: Procedures for Determining Compliance

35 Ill. Adm. Code 280 Air Pollution

Regulations apply to coke oven batteries and specify maximum time periods during which visible emissions are permitted during charging operations and maximum percentages of doors, lids, and offtake piping that are permitted to emit visible emissions. 4/21/1981

Last amended 4/21/1981.

9

Emergency and Written Notification of an Incident or Accident Involving a Reportable Hazardous Material or Extremely Hazardous Substance

29 Ill. Adm. Code 430

Emergency Planning and Response

Requires immediate notification and submission of subsequent written report to the Illinois State Emergency Response Commission in case of an accident or incident that involves the release of a reportable hazardous material or extremely hazardous substance, or, in the case of a transportation incident, a hazardous material. 4/8/1977

Last amended 11/5/2014.

10

Development, Annual Review, Coordination of Chemical Safety Contingency Plans

29 Ill. Adm. Code 610

Emergency Planning and Response

Establishes coordination activities which shall take place between a business and local geographical jurisdiction's emergency preparedness planning and emergency response agencies to develop and annually review chemical safety contingency plans and procedures. Encourages the development of local governmental chemical safety planning and response capabilities. Also establishes the method and procedures for notifying the Illinois Emergency Services and Disaster Agency. 5/22/1986

Last amended 5/22/1986.

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11

Emergency Planning and Community Right-to-Know

29 Ill. Adm. Code 620

Emergency Planning and Response

Emergency planning and Notification: This Subpart implements comprehensive State and local emergency response plans designed to protect the public and the environment from any harmful effects that may result from an accidental release of an extremely hazardous substance. Specifically, it outlines planning requirements and notification procedures. Reporting Requirements: This Subpart is designed to set up reporting procedures for facilities that handle hazardous chemicals regulated under the Occupational Safety and Health Standards (29 CFR 1910). It also establishes procedures to ensure that the location and amount of hazardous chemicals in a facility is monitored and made available to the SERC, the local planning committee, the local fire department, and the public. The availability of this kind of information is designed to facilitate public awareness by allowing individuals to learn about the types and quantities of hazardous chemicals within their own communities. 5/5/1987 Last amended 1/1/1998.

June 2019

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12

Illinois Hazardous Substance Pollution Contingency Plan

35 Ill. Adm. Code 750

Emergency Planning and Response

The Illinois Hazardous Substances Pollution Contingency Plan is designed to effectuate the response powers and responsibilities of Illinois authorities in order to take preventative or corrective action that is necessary or appropriate when there is a release or a substantial threat of release of a hazardous substance. Effectively ensures that state and local response will be present at non-CERCLA sites. 7/16/1984

Last amended 6/24/1985.

13

Identification and Listing of Hazardous Waste

35 Ill. Adm Code 721

Hazardous Substances Management

This Part identifies those solid wastes that are subject to regulation as hazardous wastes under 35 Ill. Adm. Code 702, 703, and 722 through 728, and which are subject to the notification requirements of Section 3010 of the Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.). I 5/17/1982 Last amended 8/9/2016.

14

Standards Applicable to Generators of Hazardous Waste

35 Ill. Adm Code 722

Hazardous Substances Management

A person that generates a hazardous waste, as defined by 35 Ill. Adm. Code 721, is subject to the compliance requirements and penalties prescribed in Title VIII and XII of the Environmental Protection Act if that person does not comply with this Part. An owner or operator that initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this Part. 5/17/1982 Last amended 8/9/2016.

June 2019

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15

Standards Applicable to Transporters of Hazardous Waste

35 Ill. Adm Code 723

Hazardous Substances Management

These regulations establish standards which apply to persons transporting hazardous waste into, out of or through Illinois if the transportation requires a manifest under 35 Ill. Adm. Code 722. These regulations do not apply to on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities. 5/17/1982

Last amended 10/14/2011.

16

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

35 Ill. Adm Code 724

Hazardous Substances Management

The purpose of this Part is to establish minimum standards that define the acceptable management of hazardous waste. The standards in this Part apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this Part or 35 Ill. Adm. Code 721. This Part applies to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued pursuant to the federal Marine Protection, Research and Sanctuaries Act (33 USC 1401 et seq.) only to the extent they are included in a RCRA permit by rule granted to such a person pursuant to 35 Ill. Adm. Code 703.141. A “RCRA permit” is a permit required by Section 21(f) of the Environmental Protection Act [415 ILCS 5/21(f)] and 35 Ill. Adm. Code 703.121. 10/12/1983 Last amended 8/9/2016.

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17

Standards for the Management of Used Oil

35 Ill. Adm Code 739

Hazardous Substances Management

Outlines applicability and classification of used oils provides standards for generators of used oil as well as collection centers and transporters or transfer facilities, processors, burners, fuel marketers, and disposal of used oil. 11/22/1993

Last amended 10/24/2013.

18 Toxic Air Contaminants

35 Ill. Adm. Code 232

Hazardous Substances Management

Establishes an Illinois state program to identify toxic air contaminants. Defines "toxic air contaminants" as a contaminant which the Pollution Control Board finds may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or may pose a significant threat to human health. 10/18/1992

Last amended 5/12/1997.

19

Transportation of Hazardous Materials by Rail Carrier

92 Ill. Adm Code 1605

Hazardous Substances Management Adopts federal regulations by reference. 10/1/1987

Last amended 12/11/2005.

20

Hazardous Materials Transportation Regulations

92 Ill. Adm Code 173

Hazardous Substances Management

This Part prescribes the requirements for shipments and packagings used for the transportation of hazardous materials in Illinois. As Part 173 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates 49 CFR 173 by reference, as that part of the federal hazardous materials transportation regulations was in effect on October 1, 2017 with few additions and modifications. 2/1/1979

Last amended 1/24/2018.

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21

Permit fees for National Pollutant Discharge Elimination System and Domestic Sewage Sludge Generator of Sludge User Permits

35 Ill. Adm Code 325

Hazardous Waste Management and Disposal

The purpose of this Part is to establish procedures for the collection of fees for discharges that require a National Pollutant Discharge Elimination System (NPDES) permit and are covered under Section 12.5 of the Environmental Protection Act (Act), and for activities that require a domestic sewage sludge generator or sludge user permit from persons holding those permits. 6/29/2010 Last amended 6/1/2013.

22 Land Disposal Restrictions

35 Ill. Adm Code 724

Hazardous Waste Management and Disposal

This Part identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed. Except as specifically provided otherwise in this Part or 35 Ill. Adm. Code 721, the requirements of this Part apply to persons that generate or transport hazardous waste and to owners and operators of hazardous waste treatment, storage, and disposal facilities. 11/12/1987 Last amended 8/9/2016.

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23

Prohibited Hazardous Wastes in Land Disposal Units

35 Ill. Adm Code 729

Hazardous Waste Management and Disposal

The purpose of this Part is to prohibit the disposal of certain hazardous wastes in landfills. "Hazardous waste" is as defined in 35 Ill. Adm. Code 721. 35 Ill. Adm. Code 709 requires Wastestream Authorizations for certain waste streams. Unless otherwise indicated, the requirements of this Part apply to all landfills, or "sanitary landfills" as defined in the Environmental Protection Act (Act) (Ill. Rev. Stat. 1983, ch. 111 1/2, par. 1001 et seq.). Landfills include both non-hazardous and hazardous waste landfills permitted under Sections 21(d) or 21(f) of the Act. Unless otherwise indicated, "landfills" includes surface impoundments and waste piles in which waste residues are expected to remain after closure, and land application. 7/5/1984

Last amended 11/5/1986.

24

Standards for New Solid Waste Landfills

35 Ill. Adm. Code 811

Hazardous Waste Management and Disposal

Establishes standards for newly constructed solid waste landfills that vary by deposited material. Separate standards for chemical waste landfills (Subpart C). Also establishes recordkeeping requirements for landfill owners and operators and sets financial assurance requirements. 9/18/1990

Last amended 3/13/2014.

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25

Alternative Standards for Coal Combustion Power Generating Facilities Waste Landfills

35 Ill. Adm. Code 816

Hazardous Waste Management and Disposal

Establishes standards for landfills receiving solely flue gas desulfurization sludges and coal combustion wastes produced by coal combustion power generating facilities. Adopts recordkeeping and financial assurance requirements from 35 Ill. Adm. Code 811 (see above). 8/15/1996

Last amended 8/15/1996.

26 Water Quality Standards

35 Ill. Adm. Code 302

Water Pollution

Subpart B contains general use water quality standards which must be met in waters of the State for which there is no specific designation (35 Ill. Adm. Code 303.201). Subpart C contains the public and food processing water supply standards. These are cumulative with Subpart B and must be met by all designated waters at the point at which water is drawn for treatment and distribution as a potable supply or for food processing (35 Ill. Adm. Code 303.202). Further sections refer to specific water systems. 1/1/1978 Last amended 7/1/2015.

27

Pollution Control Board: Effluent Standards

35 Ill. Adm. Code 304

Water Pollution

This part prescribes the maximum concentrations of various contaminants that may be discharged to the waters of the State. Subpart A contains general effluent limitations. Subpart B contains site specific rules and exceptions not of general applicability. Subpart C contains temporary rules. 1/1/1978

Last amended 2/26/2014.

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28

Water Pollution Control Board: Monitoring and Reporting

35 Ill. Adm. Code 305

Water Pollution

Establishes requirements for monitoring, reporting, and measuring contaminant discharges for owners and operators of pretreatment works, treatment works, or wastewater sources. Owners or operators must submit operating reports to the Illinois Environmental Protection Agency, and to install devices to sample and measure effluent flow from discharge sewers, pipes, or outfalls. 1/1/1978

Last amended 2/13/1990.

29

Water Pollution Control Board: Sewer Discharge Criteria

35 Ill. Adm. Code 307

Water Pollution

Places restrictions on the types, concentrations, and quantities of contaminants that can be discharged into sewer systems. Includes specific provisions for mercury and cyanide. Restrictions and standards vary by facility type. Specific standards for chemical manufacturers (Subparts O and P), petroleum refiners and manufacturers (Subpart T), and steam electric power generating facilities (Subpart X). 3/31/1971

Last amended 5/29/2018.

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30

National Pollutant Discharge Elimination System (NPDES) Permits

35 Ill. Adm. Code 309

Water Pollution

Permits may be required under either of two subparts -- NPDES Permits, Subpart A, which regulate discharges into navigable waters as defined in the CWA, or Other Permits, Subpart B, which regulate certain structures and discharges therefrom that are not required to have an NPDES Permit. An applicant for a National Pollution Discharge Elimination System (NPDES) Permit shall file an application, in accordance with Section 309.223, on forms provided by the Illinois Environmental Protection Agency (Agency). Such forms shall comprise the NPDES application forms promulgated by the U.S. Environmental Protection Agency for the type of discharge for which an NPDES Permit is being sought and such additional information as the Agency may reasonably require in order to determine that the discharge or proposed discharge will be in compliance with applicable state and federal requirements. 3/7/1972

Last amended 6/13/2016.

31

Water Pollution Control Board: Permits

35 Ill. Adm. Code 309, Subpart B

Water Pollution

Establishes discharge permit requirements, eligibility, and exemptions for owners or operators that are not required to acquire an NPDES permit. 3/7/1972

Last amended 6/13/2016.

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32 Pretreatment Programs

35 Ill. Adm. Code 310

Water Pollution

Requirements for submission to the Agency of pretreatment programs by publicly owned treatment works (POTWs).) Requirements with which persons discharging to sewers must comply. Requirements for prior approval by the Control Authority of certain discharges to a sewer. This Part satisfies the requirement of Section 13.3 of the Environmental Protection Act (Act) (Supp. to Ill. Rev. Stat. 1985 ch. 111 1/2, par. 1013.3) that the Board adopt rules which are identical in substance with United States Environmental Protection Agency (USEPA) regulations implementing the pretreatment requirements of the Clean Water Act. 1/13/1988

Last amended 1/23/2017.

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33

Underground Injection Control Operating Requirements

35 Ill. Adm. Code 730

Water Pollution

This Part sets forth technical criteria and standards for the Underground Injection Control (UIC) Program. This Part must be read in conjunction with 35 Ill. Adm. Code 702, 704, and 705, which also apply to the UIC program. 35 Ill. Adm. Code 702 and 704 prescribe the regulatory requirements for the UIC permit program. 35 Ill. Adm. Code 704 further outlines hazardous waste management requirements and sets forth the financial assurance requirements applicable to Class I hazardous waste injection wells and requirements applicable to certain types of Class V injection wells. 35 Ill. Adm. Code 705 describes the procedures the Agency must use for issuing UIC permits. On and after February 1, 1984, any underground injection that is not authorized by rule or by permit is unlawful. The filing of any document pursuant to any provision of this Part as an electronic document is subject to 35 Ill. Adm. Code 720.104. 3/3/1984

Last amended 1/20/2012.

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Table C. Indiana: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

Indiana Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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1

New Source Performance Standards 326 IAC 12 Air Pollution

This article applies to the owner or operator of any stationary source for which a standard is prescribed under this article. The air pollution control board incorporates by reference 40 CFR 60*. If the emission limitations contained in this article conflict with or are inconsistent with any other emission limitations established by this title, then the more stringent limitation shall apply. 3/10/1998

Last amended 4/26/2007.

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2

Emission Standards for Hazardous Air Pollutants 326 IAC 14 Air Pollution

This article applies to the owner or operator of any stationary source for which a standard is prescribed under this article. he board adopts by reference and incorporates 40 CFR 61, Subpart A, General Provisions* concerning emission standards for hazardous air pollutants, with the exception of: (1) 40 CFR 61.04 Address*; (2) 40 CFR 61.11(f) Administrator's Authority on Waiver of Compliance*; (3) 40 CFR 61.12(d) Alternative Means of Emission Limitation*; (4) 40 CFR 61.16 Availability of Information*; and (5) 40 CFR 61.17 State Authority*; and as modified in section 2 of this rule. Provisions of waiver of compliance in 40 CFR 61 Section 61.11, Subpart A*, shall not apply to sources subject to the requirements established in 326 IAC 14-9. 3/10/1998

Last amended 8/26/2004.

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3 Hazardous Air Pollutants 326 IAC 20 Air Pollution

The air pollution control board incorporates by reference 40 CFR 63, Subpart A* concerning general provisions for emission standards for hazardous air pollutants. The provisions of this rule shall apply to any source or facility for which a standard is prescribed under this article unless otherwise specified in individual standards. The provisions of this rule do not apply to regulations developed for accidental releases unless otherwise specified in those standards. 5/25/1994

Last amended 5/21/2002.

4 Acid Deposition Control 326 IAC 21 Air Pollution

The air pollution control board incorporates by reference the provisions of 40 CFR 72 through 40 CFR 78* for purposes of implementing an acid rain program that meets the requirements of Title IV of the Clean Air Act and to incorporate monitoring, record keeping, and reporting requirements for nitrogen oxide emissions to demonstrate compliance with nitrogen oxides emission reduction requirements. 5/25/1994

Last amended 5/21/2002.

5 Monitoring Requirements 326 IAC 3 Air Pollution

This regulation sets requirements for continuous monitoring of applicable pollutants, minimum performance and operating specifications, monitor system certification, standard operating procedures, quality assurance, record keeping, reporting, source sampling procedures, fuel sampling and analysis procedures, and compliance assurance monitoring. 1/30/1998

Last amended 8/11/2011.

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6 Health and Safety Standards 620 IAC 1

Emergency Planning and Response

The Indiana Occupational Safety Standards Commission adopted the major federal OSHA rules and regulations for employers operating within the State of Indiana. 12/6/1972

Last amended 11/26/2013.

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7 Underground Storage Tanks 329 IAC 9

Hazardous Waste Disposal and Management

This article applies to all owners and operators of a UST as described in 40 CFR 280.10. o Owners and operators of a UST as described in 40 CFR 280.10* shall comply with the technical standards and corrective action requirements for USTs at 40 CFR 280*, with the following exceptions: (1) Definitions of "owner" and "operator" in 40 CFR 280.12. (2) 40 CFR 280.22. (3) 40 CFR 280.53. (4) 40 CFR 280.60. (5) 40 CFR 280.61. (6) 40 CFR 280.63 through 40 CFR 280.67. (7) 40 CFR 280, Subpart G. (8) 40 CFR 280, Subpart H. (9) 40 CFR 280, Subpart I. (d) When used in 40 CFR 280 as incorporated by this rule, substitute the following: (1) A reference to "state" means Indiana. (2) A reference to "implementing agency" means the Indiana department of environmental management. (3) A reference to 40 CFR 280.22 means 329 IAC 9-2-2. (4) A reference to 40 CFR 280.53 means 329 IAC 9-4-4. (5) A reference to 40 CFR 280, Subpart F means 329 IAC 9-5. (6) A reference to 40 CFR 280, Subpart G means 329 IAC 9-6. (7) A reference to an October 13, 2018, compliance date means the effective date of 329 IAC 9. (e) In addition to the definitions in this section, the definitions in IC 13-11-2 and 40 CFR280.12* apply throughout this rule. 12/1/1992

Last amended 5/29/2018.

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8

Solid Waste Land Disposal Facilities 329 IAC 10

Hazardous Waste Management and Disposal

The purpose of this article is to implement the provisions of: IC 13-30-2-1(3) and IC 13-30-2-1(4) relating to the deposit of contaminants or solid waste upon the land except as permitted in this article; and IC 13-30-2-1(5) and IC 36-9-30-35 prohibiting dumping, causing, or allowing the open dumping of garbage or of other solid waste in violation of this article. 3/14/1996

Last amended 1/10/2001.

9

Hazardous Waste Management Permit Program and Related Hazardous Waste Management 329 IAC 3.1

Hazardous Waste Management and Disposal

The purpose of this article is to establish policies, procedures, requirements, and standards to implement the environmental management laws as defined at IC 13-11-2-71. This article was promulgated for the purpose of protecting and enhancing the quality of Indiana's environment and protecting the public health, safety, and well-being of its citizens. This article establishes a hazardous waste management program consistent with the requirements of the Resource Conservation and Recovery Act. This article establishes standards for identifying hazardous waste; hazardous waste management procedures for generators, transporters, and owners/operators of hazardous waste facilities; and the permit program for hazardous waste facilities. 1/24/1992

Last amended 1/10/2001.

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10

Industrial Wastewater Pretreatment Programs and NPDES 327 IAC 5

Water Pollution

This article prescribes policies, procedures, and technical criteria for the following programs: (1) The issuance of discharge permits under the National Pollutant Discharge Elimination System (NPDES). (2) The implementation of a program for the pretreatment of industrial wastewater to be discharged into municipal sewage treatment facilities. 9/24/1987 Last amended 9/6/2018.

11

Land Application of Biosolid, Industrial Waste Product, and Pollutant-Bearing Water 327 IAC 6.1

Water Pollution

The purpose of this article is to establish procedures, requirements, and standards to implement IC 13-18-3 regarding land application and related activities. This article was promulgated for the purpose of protecting and enhancing the quality of Indiana's environment and protecting the public health, safety, and well-being of its citizens. This article regulates the disposal of any biosolid, contaminant that is an industrial waste product, or pollutant-bearing water by application upon or incorporation into the soil. This article establishes standards for the following: general requirements, site requirements, pollutant limits, pathogen reduction requirements, vector attraction reduction requirements, monitoring and analysis requirements, record keeping requirements, reporting requirements, and storage. 5/15/1998

Last amended 7/29/2013.

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June 2019

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Table D. Iowa: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

Iowa Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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1 Compliance

Iowa Administrative Code 567.21 Air Pollution

Provides a general outline for compliance with Iowa Administrative Code 567.23 (Emission Standards for Contaminants). This includes required record keeping, process standards for applying for variances from some air pollution rules and standards, and emissions reductions program submission requirements. This regulation also allows electric utilities to operate generators at an electric utility substation in the event of a disaster that has disabled standard transmission of electricity to the public. 3/22/2017

Last amended 3/22/2017.

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2 Controlling Pollution

Iowa Administrative Code 567.22 Air Pollution

This chapter establishes air pollution permitting programs, their administration, and associated emissions control practices and standards. Iowa requires the following permits under this regulation: 1) Construction permits for construction, reconstruction, or alteration of new or existing stationary sources 2) Title V operating permits for ownership or operation of air contaminant sources 3) Acid rain permits for ownership or operation of sources regulated under the federal (40 CFR Part 73) or Iowa Acid Rain program. This chapter allows eligible sources to apply for an alternate set of emission control standards than those specified by the permit programs and sets forth emissions control demonstration requirements for alternate plans. It also includes miscellaneous additional requirements such as best available retrofit technology (BART) requirements for visibility protection, specific permitting requirements for certain sources (e.g. country grain elevators), and permit-by-rule designations for certain sources (e.g. small sources). Many rules in this regulation have been rescinded or reserved, including rules outlining a voluntary operating permit program. Texts and titles of other rescinded or reserved rules are no longer available online. 3/18/2009

Last amended 3/18/2009.

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3

Emission Standards for Contaminants

Iowa Administrative Code 567.23 Air Pollution

Adopts the federal New Source Performance Standards (40 CFR Part 60), the National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61), the National Emission Standards for Hazardous Air Pollutants for Source Categories (40 CFR Part 63), and the federal Standards for the Use or Disposal of Sewage Sludge (40 CFR Part 503). Further restricts open burning, particulate matter emissions, sulfur compounds, specific processes including those utilizing incinerators, and allows for alternative emission limits where the cost of emission control are high. 2/18/2009

Last amended 2/18/2009.

4 Excess Emissions

Iowa Administrative Code 567.24 Air Pollution

Requires reporting of excess air contaminant emissions incidents other than an incident of excess emission during startup, shutdown, or cleansing. Outlines processes and requirements for the assessment and resolution of the cause of the excess emissions event. Further establishes maintenance and repair requirements for all equipment capable of emitting air contaminants and air contaminant control equipment. 10/20/2010

Last amended 10/20/2010.

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5 Measurement of Emissions

Iowa Administrative Code 567.25 Air Pollution

Requires monitoring of a variety of hazardous and non-hazardous air contaminants. 1) Adopts by reference the continuous monitoring requirements of the federal acid rain program (40 CFR Part 75). 2) Further requires continuous monitoring of opacity from coal-fired steam generating units and of sulfur dioxide from sulfuric acid plants and sets forth standards for the record keeping and reporting of this monitoring activity. 3) Additionally, requires mercury emissions testing and monitoring for stationary, coal-fired boilers and coal-fired combustion turbines serving at any time after November 15, 1990. The provisions of this mercury emissions testing and monitoring rule expired on April 22, 2015, except for coal-and oil-fired electric utility steam generating units. 10/7/2009

Last amended 10/7/2009.

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6

Prevention of Air Pollution Emergency Episodes

Iowa Administrative Code 567.26 Air Pollution

This regulation consists of provisions to prevent the excessive buildup of air contaminants during air pollution episodes. Air pollution episodes occur when the accumulation of air contaminants (sulfur dioxide, particulate matter, carbon monoxide, ozone, and nitrogen dioxide) reach levels that could lead to the substantial threat to the health of persons. Calls for the creation and review of planned abatement strategies to be communicated to and implemented by operators of sources of air contaminants. 3/22/2017

Last amended 3/22/2017.

7 Ambient Air Quality Standards

Iowa Administrative Code 567.28 Air Pollution

Adopts the National Ambient Air Quality Standards (40 CFR Part 50). 10/7/2009

Last amended 10/7/2009.

8 Fees

Iowa Administrative Code 567.30 Air Pollution

Establishes fees requirements associated new source review applications, asbestos demolition or renovation notification, and Title V operating permits. 1/5/2016 Last amended 1/5/2016.

9 Nonattainment Areas

Iowa Administrative Code 567.31 Air Pollution

Establishes the nonattainment major New Source Review (NSR) program, as set forth in 40 CFR 51.165 and 40 CFR Part 51, Appendix S. The NSR program is a preconstruction review and permitting program applicable to new or modified major stationary sources of air pollutants located in areas that do not meet the national ambient air quality standards ("nonattainment areas"). Several rules in this regulation were reserved. 12/11/2013

Last amended 12/11/2013.

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10

Special Regulations and Construction Permit Requirements for Major Stationary Sources - Prevention of Significant Deterioration (PSD) of Air Quality

Iowa Administrative Code 567.33 Air Pollution

Establishes the attainment New Source Review (NSR) program, as set forth in 40 CFR 51.166 and 52.21. The NSR program is a preconstruction review and permitting program applicable to new or modified major stationary sources of air pollutants located in areas that meet the national ambient air quality standards ("attainment areas"). Several rules in this regulation were reserved. 12/14/2011

Last amended 12/14/2011.

11

Provisions for Air Quality Emissions Trading Programs

Iowa Administrative Code 567.34 Air Pollution

All rules in this regulation have been either rescinded or reserved. This regulation implemented the provisions for federal air emissions trading programs, including the Clean Air Interstate Rule (CAIR) (rescinded 4/18/18), the Cross State and Clean Air Mercury Rule (CAMR) (rescinded 11/11/2009), and other rules no longer available online (reserved at an unspecified date). N/A

Effective date not available online.

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12

Notification of Hazardous Conditions

Iowa Administrative Code 567.131

Emergency Planning and Response

Requires any person manufacturing, storing, handling, transporting, or disposing of a hazardous substance to notify the Iowa Department of Natural Resources and the local police department or office of the sheriff of the affected county of the occurrence of a hazardous condition (i.e., spillage, leakage, or release of a hazardous substance) not later than six hours after the onset of the hazardous condition or discovery of the hazardous condition. Reports made pursuant to this rule shall be confirmed in writing. A written report shall be submitted to the Iowa Department of Natural Resources within 30 days of the hazardous condition. 3/29/1978

Last amended 3/29/1978.

13

General Industry Safety and Health Rules

Iowa Administrative Code 875.10

Emergency Planning and Response

Adopts by reference the federal Occupational Safety and Health Administration (OSHA) Standards (29 CFR Part 1910) and expands its protections for employees exposed to air contaminants. Most of the rules in the regulation have been reserved and their text removed from the online Administrative Code. 5/13/2009

Last amended 5/13/2009.

14

Hazardous Chemical Risks Right to Know - General Provisions

Iowa Administrative Code 875.110

Emergency Planning and Response

The purpose of this regulation is to ensure that hazards of all produced or imported chemicals are evaluated and that the information is transmitted to affected employers. It dictates processes for hazard determination, use of labels and other forms of warning, and material safety sheets. N/A No effective date noted.

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15 Unknown

Iowa Administrative Code 875.120

Emergency Planning and Response

This chapter provides that information concerning chemical hazards is transmitted to affected employers and employees. This transmittal of information is to be accomplished by means of comprehensive hazard communication programs, which are to include container labeling and other forms of warning, material safety data sheets, and employee training. This regulation was removed from the online Iowa Administrative Code at an unspecified date. Its text and title are not available (summary taken from Chapter 110 "General Provisions"). N/A Last amended N/A.

16 Community Right to Know

Iowa Administrative Code 875.130

Emergency Planning and Response

This chapter addresses the procedures for the public to gain access to information on hazardous chemicals used in the community, the administrative procedures to determine the extent of the information required to be presented, and the actions to compel the release of information when the employer does not voluntarily release the information. 5/18/2016

Last amended 5/18/2016.

17

Public Safety/Emergency Response Right to Know

Iowa Administrative Code 875.140

Emergency Planning and Response

Chapter 140 requires an employer to submits information on the hazardous chemicals at the employer's workplace to the local fire department. 5/18/2016

Last amended 5/18/2016.

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18

Recording and Reporting Occupational Injuries and Illnesses

Iowa Administrative Code 875.4

Emergency Planning and Response

This regulation requires record keeping and reporting for the purpose of developing information on the causes and prevention of occupational accidents and illnesses, and for maintaining a program of collection, compilation and analysis of occupational safety and health statistics. Much of this regulation has been removed from the online Iowa Administrative Code and may have been reserved. 1/14/2015

Last amended 1/14/2015.

19 Used Oil and Used Oil Filters

Iowa Administrative Code 567.119

Hazardous Substances Management

Sets forth separate operational requirements for persons accepting and selling used oil and used oil filters. Includes standards for aboveground and underground used oil collection tanks and prohibits final disposal of used oil in a sanitary landfill. 10/17/2018

Last amended 10/17/2018.

20

Sanitary Landfills: Coal Combustion Residue

Iowa Administrative Code 567.103.1

Hazardous Waste Management and Disposal

Establishes minimum requirements for siting, designing, and operating solid waste landfills accepting only coal combustion residues. Regulation includes site requirements, permitting requirements, design criteria, operational and monitoring requirements, and closure/post closure requirements, including provision for post closure plan. 9/1/1971 Last amended 9/1/1971.

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21

Coal Combustion Residue Sanitary Landfill Financial Assurance

Iowa Administrative Code 567.103.3

Hazardous Waste Management and Disposal

Provides criteria for establishing financial assurance for closure, post closure, and corrective action at coal combustion residue sanitary landfills. Owners and operators of coal combustion residue landfills must establish financial assurance for closure based on costs contained in third-party estimate of closure submitted for approval to the Iowa Department of Natural Resources. Owners and operators of coal combustion residue landfills must establish financial assurance for post closure costs based on estimate certified by an Iowa-licensed professional engineer. Finally, when a corrective action is required, owners and operators of coal combustion residue landfills must provide a detailed estimate of the cost of hiring a third party if the corrective action, prepared by an Iowa-licensed engineer. Owners and operators may demonstrate financial assurance either by obtaining insurance policies for closure, post closure, and corrective action costs, or by satisfying a financial test. 9/1/1971 Last amended 9/1/1971.

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22 Land Application of Wastes

Iowa Administrative Code 567.121

Hazardous Waste Management and Disposal

Disposal of solid waste, including the land application of waste, requires a permit from the Iowa Department of Natural Resources. Regulation sets the requirements owners and operators must meet to obtain a permit and the information the owner and operator must submit to the Iowa Department of Natural Resources to obtain a permit. Owners and operators must also acquire a financial assurance in the amount of the third-party costs to dispose of the waste through any of: 1) a secured trust fund; 2) local government dedicated fund; 3) surety bond; 4) letter of credit; 5) corporate guarantee; 6) local government guarantee. 7/19/1978

Last amended 7/19/1978.

23

Fees for Transportation, Treatment, and Disposal of Hazardous Waste

Iowa Administrative Code 567.149

Hazardous Waste Management and Disposal

Establishes a fee schedule for hazardous wastes applicable to persons who generates hazardous waste, transports it off the site of generation, or owns or operates a facility which provides treatment or disposal of hazardous waste. Requires generators of hazardous waste to maintain operating records for the purpose of assessing hazardous waste fees. N/A No effective date noted.

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24

Groundwater Hazard Documentation

Iowa Administrative Code 561.9

Water Pollution

This statute requires notice to be given to the transferee of real property of the condition of the wells, disposal sites, underground storage tanks, hazardous waste disposal, and private burial sites existing on the real estate. These rules apply to all persons, corporations, and other legal entities who are transferors or transferees of real property within the state of Iowa as well as county recorders. 4/1/2009 Last amended 4/1/2009.

25

Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks

Iowa Administrative Code 567.135

Water Pollution

Establishes standards for owners and operators of underground storage tank (UST) systems. The rules address UST system design, construction, installation and notification; general operating requirements; release detection, reporting, investigation, and confirmation; closure; compliance inspections; site assessment policy and procedure; and corrective action. 4/15/2009

Last amended 4/15/2009.

26 Water Quality Standards

Iowa Administrative Code 567.61

Water Pollution

Establishes numeric and non-numeric (i.e., descriptive) water quality criteria for designated water uses. Additionally, includes standards for the use of volunteer water quality monitoring data. Several rules in this regulation were reserved at an unspecified date. 11/11/2009

Last amended 11/11/2009.

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27

Effluent and Pretreatment Standards: Other Effluent Limitations or Prohibitions

Iowa Administrative Code 567.62

Water Pollution

Prohibits the discharge of any pollutant from a point source into a navigable water unless authorized by a National Pollutant Discharge Elimination System (NPDES) permit, among other specific prohibited discharges. Sets forth effluent standards for publicly owned treatment works and semipublic sewage disposal systems. Adopts by reference the federal General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR Part 403), the federal Toxic Pollutant Effluent Standards (40 CFR Part 129), and many other federal Effluent Limitations Guidelines. Relevant adoptions of federal Effluent Limitations Guidelines relate to thermal discharges (40 CFR Part 125, subpart H) and the steam electric power generating point source category (40 CFR Part 422). This regulation also provides for certain instances in which limitations more or less stringent than the federal standards may apply. 4/15/2009

Last amended 4/15/2009.

28

Monitoring, Analytical, and Reporting Requirements

Iowa Administrative Code 567.63

Water Pollution

Sets forth requirements for monitoring, recording, testing, and reporting for facilities holding permits to operate a wastewater disposal system. 4/15/2009

Last amended 4/15/2009.

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29

Wastewater Construction and Operation Permits

Iowa Administrative Code 567.64

Water Pollution

This Chapter establishes water pollution permitting programs, their administration, their fees, and associated emissions control practices and standards. Iowa requires the following permits under this regulation: 1) a permit to operate for operation of any wastewater disposal system or part thereof 2) a permit to construct for construction, installation, or modification of any wastewater disposal system or part thereof and 3) a National Pollutant Discharge Elimination System (NPDES) permit for discharges of pollutants from point sources into navigable waters. Some rules in this regulation have been reserved or rescinded. 3/18/2009

Last amended 3/18/2009.

30

Standards for the Land Application of Sewage Sludge

Iowa Administrative Code 567.67

Water Pollution

This chapter establishes standards for the land application of sewage sludge generated during the treatment of domestic sewage in a treatment works. These standards are applicable to any person who prepares sewage sludge (generator), to any person who applies sewage sludge to the land (applicator), and to sewage sludge applied to land. Requires permits for any land application of sewage sludge and adopts the federal Standards for the Use or Disposal of Sewage Sludge (40 CRR Part 503). 5/18/2016

Last amended 5/18/2016.

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202

Table E. Kentucky: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

Kentucky Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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1

Division for Air Quality; General Administrative Procedures 401 KAR 50 Air Pollution

Sets forth guidelines for the implementation of Kentucky's Division of Air Quality regulations. These include but are not limited to requirements for performance tests; stack gas monitoring, ambient air monitoring, and recording and reporting of monitoring data; general compliance and enforcement mechanisms; and the assessment of air emissions fess. Additional provisions ensure conformity with the federal Requirements for Preparation, Adoption, and Submittal of Implementation Plans (40 CFR Part 51). 6/6/1979 Last amended 7/8/2016.

2

Attainment and Maintenance of the National Ambient Air Quality Standards 401 KAR 51 Air Pollution

The purpose of this regulation is to 1) prevent the significant deterioration of air quality in areas of Kentucky where the air quality is better than the ambient air quality standards and to 2) provide conditions for the construction of new or modified sources which would impact nonattainment areas to prevent exacerbation of existing violations of ambient air quality standards. Establishes NOx requirements by source type (e.g. stationary internal combustion engines, large utility and industrial boilers) and NOx trading programs. 6/6/1979

Last amended 7/30/2018.

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3

Permits, Registrations, and Prohibitory Rules 401 KAR 52 Air Pollution

Establishes requirements for several types of air pollution permits required for sources of air contaminants. These permits include Title V permits for major and other sources; federally-enforceable permits for nonmajor sources, state-origin permits for non-federally-enforceable minor sources, and acid rain permits for sources regulated under the federal Acid Rain Program (40 CFR Parts 72-78). Additional relevant provisions relate to the registration of designated sources; permit application forms; and public, affected state, and US EPA permit review. 1/15/2001 Last amended 7/8/2016.

4 Ambient Air Quality Standards 401 KAR 53 Air Pollution

This regulation establishes primary and secondary ambient air quality standards for sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide, lead, hydrogen sulfide, gaseous fluorides, total fluorides, and odors. It also outlines the methods and frequency of measurement of the contaminants. 6/6/1979

Last amended 7/19/2016.

5 Hazardous Pollutants 401 KAR 57 Air Pollution

Adopts by reference the National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61). 7/14/1999

Last amended 11/14/2007.

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6 New Source Standards 401 KAR 59 Air Pollution

This administrative regulation provides for the establishment of monitoring requirements, performance testing requirements, and other general provisions as related to new sources of air contaminants. It sets forth requirements by source type (e.g. new incinerators, new indirect heat exchangers). 6/6/1979 Last amended 3/9/2018.

7

New Source Performance Standards 401 KAR 60 Air Pollution

Adopts by reference the federal Standards of Performance for New Stationary Sources (40 CFR Part 60). 7/14/1999 Last amended 3/3/2017.

8 Existing Source Standards 401 KAR 61 Air Pollution

This administrative regulation establishes monitoring requirements, performance testing requirements, and other general provisions as related to existing sources of air contaminants. It sets forth requirements by source type (e.g. existing incinerators, existing indirect heat exchangers). 6/29/1979 Last amended 4/3/2009.

9 General Standards of Performance 401 KAR 63 Air Pollution

Adopts by reference the federal National Emission Standards for Hazardous Air Pollutants for Source Categories (40 CFR Part 63) and establishes general standards of performance with respect to fugitive emissions, potentially hazardous matter or toxic substances, existing sources emitting toxic air pollutants, and other categories. 6/6/1979 Last amended 3/3/2017.

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10

Chemical Accident Prevention 401 KAR 68 Air Pollution

Adopts by reference sections of the federal Chemical Accident Prevention Provisions (40 CFR Part 68). Adopted sections include general provisions and hazard assessment provisions; Program 2 and Program 3 prevention program requirements; emergency response requirements; the list of regulated substances and the identification threshold quantities for these substances; requirements for submitting risk management plans; and requirements for recordkeeping, public information, permitting, and auditing. 10/13/1999 Last amended 7/8/2016.

11 Occupational Safety and Health 803 KAR 2

Emergency Planning and Response

This chapter establishes occupational safety and health standards. Relevant sections of this regulation include Employers' Responsibility Where Employees are Exposed to Toxic Substances, which requires all employers to monitor areas and maintain accurate records of potential employee exposure to toxic substances; Receiving and Unloading Bulk Hazardous Liquids, which sets forth minimum safety requirements for employees receiving and unloading bulk hazardous liquids; Hazardous Materials, which adopts the federal Occupational Safety and Health Administration Hazardous Materials standards (29 CFR 1910 Subpart H); and Toxic and Hazardous Substances, which establishes toxic and hazardous substances standards for general industry. 12/11/1974 Last amended 4/6/2018.

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12 Water Quality Standards 401 KAR 30

Hazardous Substances Management

This administrative regulation establishes general provisions which apply to disposal of solid waste and management of all hazardous waste. Its provisions outline minimum environmental performance standards for waste facilities. 12/2/1983

Last amended 10/14/2008.

13 Underground Storage Tanks 401 KAR 42

Hazardous Waste Management and Disposal

Sets forth rules applicable to all owners and operators of underground storage tank (UST) systems except as specifically exempt under this Chapter. These rules outline standards for registration, construction and performance, leak detection, recordkeeping, release reporting, corrective action, closure, financial responsibility, and other requirements. 9/25/1990

Last amended 12/21/2016.

14 Hazardous Waste 401 KAR 39

Hazardous Waste Management and Disposal

This chapter establishes requirements applicable to any person, state, or federal agency that engages in the generation, treatment, storage, disposal, transportation, or management of hazardous waste. Its provisions include standards for used oil and universal waste and standards for hazardous waste handlers, including generators and transporters. It also creates a hazardous waste permit program for owners and operators of hazardous waste treatment, storage, and disposal facilities. 12/2/1983

Last amended 12/7/2017.

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15 Coal Combustion Residuals (CCR) 401 KAR 46

Hazardous Waste Management and Disposal

Establishes standards for the disposal of coal combustion residuals (CCR), defined as fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity. Requires operators of CCR units to obtain a permit and outlines the standards and procedures for such permits. 5/5/2017

16 Water Quality Standards 401 KAR 10

Water Pollution

Establishes minimum water quality standards which apply to all surface waters of the Commonwealth of Kentucky. In addition, designates protected uses of surface waters and establishes a general antidegradation policy to protect water quality at a level above that necessary to support wildlife and recreation. 7/8/2016

Last amended 12/5/1979.

17 Water Quality 401 KAR 5 Water Pollution

This chapter establishes the Kentucky Pollutant Discharge Elimination System (KPDES) applicable to specified point sources of water pollution and other general water quality requirements. The KPDES provisions include pretreatment requirements and criteria and standards and administration of the KPDES permits. The general water quality rules in this chapter relate to permits to construct, modify, or operate sewage systems; spills and bypasses to be reported; and groundwater protection plans, among other subjects. 7/2/1975

Amendments to this regulation approved but not yet effective.

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June 2019

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Table F. Michigan: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

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1

Air Quality Division Annual Reporting

Michigan Administrative Code R 336.202 Air Pollution

The Michigan Department of Environmental Quality may determine that information on the quantity and composition of an air contaminant emitted from a commercial, industry, or governmental source necessitates that the source submit an annual report on the quantity and composition of the emission in order to estimate quantities and discharges of the air contaminant. Report to be submitted not later than March 15th of each year following the Department of Environmental Quality's notification to the source. 1980 Last amended 1987.

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211

2

Air Quality Division Continuous Emission Monitoring

Michigan Administrative Code R 336.2101-2199 Air Pollution

Regulations requiring installation of continuous monitoring systems for certain facilities, including fossil fuel-fired steam generators and coal-fired electric generating units. Fossil fuel-fired steam generators must install a continuous monitoring system to monitor: 1) opacity; 2) sulfur dioxide; 3) nitrogen oxides; 4) oxygen/carbon dioxide percentage. Owners or operators of coal-fired electric generating units must also install continuous monitoring system or sorbent trap monitoring system for mercury. Regulations further establish performance specifications, calibration gases, cycling times, zero and drift, instrument span, monitor location, performance testing notifications, and quality assurance requirements for continuous emission monitoring systems. Owners and operators must also provide a written report within 30 days of the end of each calendar quarter and maintain a file of all information reported for a minimum of two years from date of collection. 1980 Last amended 1987.

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3

Air Quality Division Prevention of Significant Deterioration of Air Quality

Michigan Administrative Code R 336.2801-2823 Air Pollution

(1) This part applies to the construction of a new major stationary source or a project at an existing major stationary source in an area designated as attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the clean air act. (2) The requirements of R 336.2810 to R 336.2818 apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this rule otherwise provides. (3) No new major stationary source or major modification to which R 336.2810 to R 336.2818(2) apply shall begin actual construction without a permit to install issued under R 336.1201(1)(a) that states that the major stationary source or major modification will meet those requirements. 2006 Last amended 1987.

4

Air Quality Division New Source Review for Major Sources Impacting Nonattainment Areas

Michigan Administrative Code R 336.2901-2908 Air Pollution

This part applies to the construction of each new major stationary source or major modification that is both of the following: (a) Located in a nonattainment area. (b) Major for the pollutant for which the area is designated nonattainment. For areas designated as nonattainment for ozone, this part shall apply only to any new major stationary source or major modification that is major for volatile organic compounds or nitrogen oxides. 2008 Last amended 1987.

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5

Hazardous Waste Management Part 9 Hazardous Waste Emergency

Michigan Administrative Code R 299.9901-9903

Emergency Planning and Response

The director, or his or her designee, shall declare a hazardous waste emergency based on the following criteria: (a) The waste meets the criteria of section 3(3) of part 111 of the act. (b) A determination and oral or written report by on-scene emergency response staff to the director, or his or her designee, that the hazardous wastes or hazardous waste constituents have entered the environment or might enter the environment without corrective action or that corrective action must be taken to eliminate a threat to the environment or public health, safety, and welfare. (c) The use of the hazardous waste service fund is needed to initiate or complete the corrective action. (2) If a hazardous waste emergency is declared, it shall be declared ended by the director, or his or her designee, when the threat to the environment has ended. 1985 Last amended 1987.

6

Occupational Health Standards Hazardous Waste Operations and Emergency Response

Michigan Administrative Code R 325.52101-52135

Emergency Planning and Response

These rules prescribe the requirements for safety and health programs, training, medical surveillance, control methods, sanitation, and personal protective equipment for employees who are involved in hazardous waste operations and response to chemical emergencies. 1991 Last amended 1987.

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7

General Industry Safety and Health Standard Electric Power Generation, Transmission, and Distribution

Michigan Administrative Code R 408.18601-18610

Emergency Planning and Response

This standard establishes the work practices to be used during the operation and maintenance of electrical power generation, transmission, and distribution facilities. These rules apply to all of the following: (a) Enclosed spaces. (b) Hazardous energy control. (c) Working near energized parts. (d) Grounding for employee protection. (e) Underground and overhead installations. (f) Line clearance tree trimming. (g) Substations and generating plants. (h) Other conditions and equipment unique to the generation, transmission, and distribution of electric energy. 1995 Last amended 1987.

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8

Remediation and Redevelopment Division Cleanup Criteria Requirements for Response Activity

Michigan Administrative Code R 299.1-299.5

Hazardous Substances Management

(1) All response activities shall be protective of the public health, safety, and welfare and the environment. Applicable generic cleanup criteria established by the department pursuant to section 20120a(1) and site specific cleanup criteria approved by the department under section 20120a(2) and 20120b of the act and these rules reflect the department’s judgment, at the time the criteria are established or approved by the department, about the numerical criteria required to meet this protectiveness requirement, subject to the provisions of R 299.4(3), R 299.28, and R 299.34(2). (2) The rules in this part apply to interim response activities that are designed to meet cleanup criteria. References in this part to response activity also include those interim response activities. Gives general cleanup requirements for groundwater, drinking water, etc. 2013 Last amended 1987.

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9

Occupational Health Standards Process Safety Management of Highly Hazardous Chemicals

Michigan Administrative Code R 325.18301-18303

Hazardous Substances Management

(1) This standard establishes the minimum requirements for preventing or minimizing the consequences of catastrophic releases of toxic, reactive, flammable, or explosive chemicals. These releases may result in toxic, fire, or explosion hazards. (2) The regulations adopted by R 325.18302 shall apply to all workplaces pursuant to the provisions of these rules. (3) The manufacture of explosives, as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 325.18303, shall be in compliance with the requirements contained in the provisions of these rules. (4) The manufacture of pyrotechnics as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 325.18303, shall be in compliance with the provisions of these rules. 1993 Last amended 1987.

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10

General Industry Safety Standards Process Safety Management of Highly Hazardous Chemicals

Michigan Administrative Code R 408.19101-19103

Hazardous Substances Management

(1) This standard applies to the manufacturing of explosives and pyrotechnics. These rules do not apply to the sale and use, such as public displays, of pyrotechnics, commonly known as fireworks, or to the use of explosives in the form prescribed in the official United States pharmacopeia. (2) The manufacture of explosives, as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 408.19102, shall be in compliance with the requirements contained in the provisions of these rules. (3) The manufacture of pyrotechnics as defined in General Industry Safety Standard Part 55 “Explosives and Blasting Agents,” as referenced in R 408.19102, shall be in compliance with the provisions of these rules. 1993 Last amended 1987.

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11

General Industry Safety Standards Hazardous Communication

Michigan Administrative Code R 408.19201-19204

Hazardous Substances Management

(1) These rules establish requirements to ensure that the hazards of all chemicals produced or imported by chemical manufacturers or importers are evaluated and that information concerning the hazards is transmitted to affected employers and communicated to employees. These rules establish requirements to ensure that markings, placards, and labels required on hazardous materials and explosives, both in transportation and at stationary facilities, are retained until the materials have been removed to the extent that the materials do not pose a hazard. (2) The regulations adopted by R 408.19202 shall apply to all chemical manufacturers, chemical importers, and employers pursuant to the provisions of 29 C.F.R. §1910.1200. 1995 Last amended 1987.

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12

Hazardous Waste Management Part 2 Identification of Hazardous Waste

Michigan Administrative Code R 299.9201-9234

Hazardous Waste Management and Disposal

(1) This part identifies only some of the materials which are hazardous wastes under sections 46 and 48 of part 111 of the act. A material which is not a hazardous waste identified in this part is still a hazardous waste for purposes of those sections if, in the case of section 46 of part 111 of the act, the director has reason to believe that the material may be a hazardous waste within the meaning of section 3 of part 111 of the act, and, in the case of section 48 of part 111 of the act, the statutory elements are established. (2) The explanation of waste contained in this part applies only to wastes that also are hazardous for purposes of the rules implementing part 111 of the act. For example, it does not apply to materials such as nonhazardous scrap, paper, textiles, and rubbers that are not otherwise hazardous wastes and are recycled. 1985 Last amended 1987.

13

Hazardous Waste Management Part 3 Generators of Hazardous Waste

Michigan Administrative Code R 299.9301-9313

Hazardous Waste Management and Disposal

This part establishes requirements for generators of hazardous waste. A generator who treats, stores, or disposes of hazardous waste on-site shall comply. Requirements include site identification, manifest requirements, pre-transport requirements, accumulation time, recordkeeping, reporting, exporting and importing of hazardous waste, land disposal restrictions, etc. 1985 Last amended 1987.

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14

Hazardous Waste Management Part 4 Transporters of Hazardous Waste

Michigan Administrative Code R 299.9401-9413

Hazardous Waste Management and Disposal

(1) This part applies to transporters of hazardous waste if the transportation requires a manifest under part 3 of these rules, and transporters operating under R 299.9304(3). (2) This part does not apply to on-site transportation of hazardous waste either by generators or by owners or operators of licensed hazardous waste treatment, storage, or disposal facilities. Requirements: A person shall not engage in the transportation of hazardous wastes by highway within, into, or through this state without being registered and permitted in accordance with act 138. A transporter shall not transport hazardous wastes without having received a site identification number. Also covers transfer facility requirements, Consolidation and commingling of hazardous waste, Transporter vehicle requirements, Transporter facility inspections, Transporter vehicle inspections, Transporter manifest and recordkeeping requirements, Hazardous waste discharges, and Land disposal restrictions. 1985 Last amended 1987.

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15

Hazardous Waste Management Part 5 Construction Permits and Operating Licenses

Michigan Administrative Code R 299.9501-9525

Hazardous Waste Management and Disposal

Covers the physical construction of a new treatment, storage, or disposal facility, the expansion or enlargement beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility, the alteration of the method of treatment or disposal previously authorized at a treatment or disposal facility to a different method of treatment or disposal 1985 Last amended 1987.

16

Hazardous Waste Management Part 6 Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facility

Michigan Administrative Code R 299.9601-9640

Hazardous Waste Management and Disposal

The standards in this part apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste, except as otherwise specifically provided in these rules. Covers Environmental and human health standards, Location standards, Facility design and operating standards, General requirements for owners and operators, Preparedness and prevention, Contingency plans and emergency procedures, Use of manifest systems, Operating records; availability; retention and disposition of records, Reporting, Environmental monitoring, Groundwater monitoring, Closure and postclosure, Use and management of containers, Tank systems, Surface impoundments, Waste piles, Land treatment, Landfills, Liner requirements for landfills, surface impoundments, and waste piles, Quality control for landfills, surface impoundments, and waste piles, Leak detection systems, Incinerators, Land disposal restrictions, and more. 1985 Last amended 1987.

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17

Hazardous Waste Management Part 8 Management of Specific Hazardous Waste, Specific Types of Hazardous Waste Management Facilities, and Used Oils

Michigan Administrative Code R 299.9801-9823

Hazardous Waste Management and Disposal

The requirements of this rule apply to recyclable materials that are applied to or placed on the land in either of the following ways: (a) Without mixing with any other substance. (b) After mixing or combining with any other substance or substances. Cover Recyclable materials used in manner constituting disposal, Recyclable materials utilized for precious metals recovery, Spent lead acid batteries being reclaimed, Management of hazardous waste burned in boilers and industrial furnaces, Used oil regulation applicability and requirements, Used oil collection centers and aggregation points; requirements, Used oil transporters and transfer facilities; requirements, Used oil processors and rerefiners; requirements, Used oil burners who burn off-specification used oil for energy recovery; requirements, Used oil fuel marketers; requirements, Used oil disposal; requirements, and Military munitions. 1985 Last amended 1987.

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18

Water Resource Protection Water Quality Standards

Michigan Administrative Code R 323.1041-1117

Water Pollution

The purpose of the water quality standards as prescribed by these rules is to establish water quality requirements applicable to the Great Lakes, the connecting waters, and all other surface waters of the state, to protect the public health and welfare, to enhance and maintain the quality of water, to protect the state's natural resources, and to serve the purposes of Public Law 92-500, as amended, 33 U.S.C. 1251 et seq., Part 31, Water Resources Protection, 1994 PA 451, MCL 324.3101 to 324.3119, and the Great Lakes water quality agreement enacted November 22, 1978, and amended in 1987. These standards may not reflect current water quality in all cases. Water quality of certain surface waters of the state may not meet standards as a result of natural causes or conditions unrelated to human influence. Where surface waters of the state may have been degraded due to past human activities and attainment of standards in the near future is not economically or technically achievable, these standards shall be used to improve water quality. These standards are the minimum water quality requirements by which the surface waters of the state shall be managed. 1994 Last amended 1987.

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19

Water Resource Protection Water Quality-based Effluent Limit Development for Toxic Substances

Michigan Administrative Code R 323.1201-1221

Water Pollution

The rules in this part shall be used to establish toxic substance water quality based effluent limits (WQBELs) for point source discharges that are protective of the designated uses of the surface waters of the state as established in R 323.1100. WQBELs for certain toxic substances may be very low and, in some cases, less than what current analytical techniques can detect or quantify. In some effluents, the low levels may not be amenable to regulatory control through end-of-pipe treatment technology in a cost-effective manner. To achieve compliance with the low WQBELs and associated regulatory requirements, the department is committed to, and strongly encourages, the use of pollution prevention, source control, and other waste minimization programs. End-of-pipe treatment for the low WQBELs which is extraordinary or beyond that which would be necessary if not for the low WQBELs will not be required by the department unless it is determined to be the most cost-effective means or the only means to achieve the applicable water quality-based effluent limit. The provisions of R 323.1103 may provide an alternative to extraordinary end- of-pipe treatment where such treatment would result in unreasonable economic effects on the discharger. 1997 Last amended 1987.

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20

Environmental Response Division Treatment Plant Operators

Michigan Administrative Code R 323.1251-1259

Water Pollution

Rule 251. Section 6a of Act No. 245 of the Public Acts of 1929, as added by Act No. 209 of the Public Acts of 1968 and amended by Act No. 129 of the Public Acts of 1972, being S323.206a of the Michigan Compiled Laws, requires that every industrial or commercial entity which discharges liquid wastes into any surface or ground waters or underground or on the ground other than through a public sanitary sewer shall have waste treatment or control facilities under the specific supervision and control of persons who have been certified by the water resources commission as being properly qualified to operate the facilities. These rules set forth the requirements for certification of such operators. 1979 Last amended 1987.

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21

Water Resource Protection Wastewater Discharge Permits

Michigan Administrative Code R 323.2101-2197

Water Pollution

These rules are being processed to implement the 1972 amendments to part 31 of the act which authorized the initiation of a waste or waste effluent discharge permit system compatible with the national pollutant discharge elimination system (NPDES). The NPDES has been initiated by the federal Congress through the enactment of the federal water pollution control act amendments of 1972, (33 U.S.C. §1251 et seq.). In general, the rules outline all of the following: (a) The procedures by which all persons discharging wastes into the waters of the state shall apply for waste or waste effluent discharge permits as required by part 31 of the act. (b) Exceptions to procedural requirements. (c) Public participation procedures and hearings on permit applications. (d) Procedures by which permits are issued or denied by the department. (e) Appeals procedures. (f) Permit conditions and monitoring of waste or wastewater discharges. 1979 Last amended 1987.

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22

Environmental Response Division Pretreatment

Michigan Administrative Code R 323.2301-2317

Water Pollution

(1) These rules are promulgated to implement the pretreatment responsibilities under the clean water act and the act. These rules establish responsibilities of state and local government, industry, and the public to control pollutants which pass-through or interfere with treatment processes in publicly owned treatment works, which may contaminate sewage sludge, or which cause publicly owned treatment works' worker health and safety problems. (2) These rules apply to nondomestic users that discharge pollutants to a publicly owned treatment works either directly or indirectly, including by truck, rail, or any other means of discharge, and apply to publicly owned treatment works that receive pollutants from nondomestic users which are subject to pretreatment standards. 1995 Last amended 1987.

23

Waste Management Division Water Resource Protection

Michigan Administrative Code R 324.2001-2009

Water Pollution

Establishes rules for Oil storage and on-land facilities: surveillance, secondary containment, pollution incident prevention plans, pollution incident reports, and enforcement. The rule also provides a table of polluting materials. 2001 Last amended 1987.

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Table G. Minnesota: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

June 2019

229

Minnesota Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

Row Regulation Citation Focus Overview Effective

Date Notes

1

Standards for Stationary Sources: Coal Handling Facilities

Minnesota Administrative Rules, Chapter 7011.1100-1140 Air Pollution

Requires all new coal handling facilities or existing coal handling facilities within the Minneapolis-St. Paul Air Quality Control Region or the within the boundaries of the city of Duluth to perform abatement measures, including the installation of concrete or asphalt access road surfaces, the water, oil, or chemical agent treatment of access roads and areas, controlling fugitive particulate emissions from loading stations and stockpiles, and reducing opacity in enclosed coal handling facilities. 2/25/2008

Last amended 1/27/2017.

June 2019

230

2 Air Emissions Permits

Minnesota Administrative Rules, Chapter 7007.0050-3010 Air Pollution

Parts 7007.0100 to 7007.1850 apply to the issuance of permits to construct, modify, reconstruct, or operate emissions units, emission facilities, or stationary sources that emit any air pollutant, and to the revocation, reissuance, or amendment of those permits. Parts 7007.0100 to 7007.1850 apply to permits issued to owners and operators of stationary sources requiring permits under federal law at Code of Federal Regulations, title 40, part 70, as amended (Operating Permit Program), or under part C (Prevention of Significant Deterioration of Air Quality) or part D (Plan Requirements in Nonattainment Areas) of the act, or under section 112(g)(2)(B) of the act (hazardous air pollutants), and to stationary sources requiring permits solely under state law. Owners and operators of sources proposing construction or modifications subject to parts C and D of the act are subject to the permitting requirements of part 7007.3000, incorporating by reference the provisions of Code of Federal Regulations, title 40, section 52.21, or parts 7007.4000 to 7007.4040 in addition to parts 7007.0100 to 7007.1850. 1/24/2013

Last amended 1/27/2017.

3

Minnesota Ambient Air Quality Standards

Minnesota Administrative Rules, Chapter 7009.0080 Air Pollution

Establishes air quality standards for hydrogen sulfide, ozone, carbon monoxide, sulfur dioxide, total suspended particulate, nitrogen dioxide, lead, particulate matter - 10, and particulate matter - 2.5. 1/27/2017

Last amended 1/27/2017.

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231

4 Air Pollution Episodes

Minnesota Administrative Rules, Chapter 7009.1000-1110 Air Pollution

Establishes level of contamination of sulfur dioxide, carbon monoxide, and nitrous dioxide at which points air pollution alerts, warnings, emergencies, and significant harm events would be declared. Also sets procedures for declaring an air pollution episode and the required procedure upon the declaration of an episode, as well as the emissions objectives by facility type, including coal or oil-fired electric power generating facilities, during an episode. All owners and operators of emission facilities or stationary sources in an area of the state that has experienced an episode in the previous ten years is required to submit an episode emission reduction plan to the Minnesota Pollution Control Agency. 4/18/2000

Last amended 4/18/2000.

5

Standards for Stationary Sources

Minnesota Administrative Rules, Chapter 7011 Air Pollution

Establishes more stringent emissions standards than the federal New Source Performance Standards. Requires all owners and operators of a stationary sources to attain minimum control efficiency for equipment at the source. For coal-fired electric generating units, sets additional mercury control requirements. Also includes standards for visible air contaminants, airborne particulate matter, indirect heating fossil-fuel-burning equipment, and direct heating fossil-fuel-burning equipment. 2/25/2008

Last amended 1/27/2017.

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232

6

Standards for Stationary Sources: Emission Standards for Visible Air Contaminants

Minnesota Administrative Rules, Chapter 7011.0100-0120 Air Pollution

Visible emission restrictions for new and existing facilities and standards for performance tests. No owner or operator of a new emission facility to which parts 7011.0100 to 7011.0115 are applicable shall cause to be discharged into the atmosphere from the facility any gases which exhibit greater than 20 percent opacity. For the purposes of this part, "new emission facility" means an emission facility on which construction, modification, or reconstruction commenced after January 31, 1977. No owner or operator of an existing emission facility to which parts 7011.0100 to 7011.0115 are applicable shall cause to be discharged into the atmosphere from the facility any gases which exhibit greater than 20 percent opacity; except for one six-minute period per hour of not more than 33 percent opacity. An exceedance of this opacity standard occurs whenever any one-hour period contains two or more six-minute periods during which the average opacity exceeds 20 percent or whenever any one-hour period contains one or more six-minute periods during which the average opacity exceeds 33 percent. For the purposes of this part, "existing emission facility" means an emission facility on which construction, modification, or reconstruction did not commence after January 31, 1977. 2/25/2008

Last amended 2/25/2008.

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7

Nitrogen Oxide Emission Reduction Requirements for Affected Sources

Minnesota Administrative Rules, Chapter 7011.0553 Air Pollution

Affected sources, as defined in part 7007.0100, subpart 4, shall comply with Code of Federal Regulations, title 40, part 76, as amended, entitled "Acid Rain Nitrogen Oxides Emission Reduction Program," which is adopted and incorporated by reference. 2/25/2008

8

Standards for Stationary Sources: Control of Mercury from Electronic Generating Units

Minnesota Administrative Rules, Chapter 7011.0561 Air Pollution

The owners or operators of a coal-fired electric generating unit that have demonstrated actual mercury emissions of five pounds per year or more must comply with this part, except as provided under subpart 3. 2/3/2015 Last amended 2/3/2015.

9

Emissions Standards for Hazardous Air Pollutants

Minnesota Administrative Rules, Chapter 7011-7000-9990 Air Pollution

For purposes of interpreting, applying, and enforcing National Emission Standards for Hazardous Air Pollutants for Source Categories that are incorporated by reference into this chapter, Code of Federal Regulations, title 40, sections 63.1, 63.2, 63.3, 63.4, 63.5, 63.6, 63.11, and 63.14, as amended, are adopted and incorporated by reference. All requests, reports, applications, submittals, and other communications to the administrator pursuant to National Emission Standards for Hazardous Air Pollutants for Source Categories that are incorporated by reference into this chapter must be submitted to the commissioner. 2/25/2008

Last amended 1/27/2017.

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10

Monitoring and Testing Requirements

Minnesota Administrative Rules, Chapter 7017 Air Pollution

Establishes continuous monitoring system requirements and performance testing requirements for emission facilities. Incorporates federal monitoring and testing requirements, and adds requirements to submit quarterly excess emission reports, precertification test requirements, and performance test certification procedures. 11/29/2007

Last amended 11/29/2007.

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235

11 Stratospheric Ozone Protection

Minnesota Administrative Rules, Chapter 7027 Air Pollution

Subpart 1. Servicing of motor vehicle air conditioners. Code of Federal Regulations, title 40, part 82, subpart B, as amended, entitled "Servicing of Motor Vehicle Air Conditioners," and the corresponding appendixes, as amended, are adopted and incorporated by reference, except: A. Code of Federal Regulations, title 40, section 82.30(a), is not included; and B. references to the administrator under Code of Federal Regulations, title 40, part 82, subpart B, do not include the commissioner, with the exception of Code of Federal Regulations, title 40, sections 82.40(f), first occurrence of administrator only, and 82.42(b)(5). Subp. 2. Servicing and recycling appliances and emissions reduction. Code of Federal Regulations, title 40, part 82, subpart F, as amended, entitled "Recycling and Emissions Reduction," and the corresponding appendixes, as amended, are adopted and incorporated by reference, except: A. Code of Federal Regulations, title 40, sections 82.150(a), 82.152(x), 82.154(l), 82.161, and 82.166(1), are not included; and B. references to the administrator under Code of Federal Regulations, title 40, part 82, subpart F, do not include the commissioner. 10/18/2007

Last amended 10/18/2007.

12

Occupational Safety and Health Standards

Minnesota Administrative Rules, Chapter 5205.0010-1500

Emergency Planning and Response Incorporates federal standards by reference. 6/11/2008

Last amended 5/24/2018.

June 2019

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13

Hazardous Substances; Employee Right-to-Know

Minnesota Administrative Rules, Chapter 5206.0100-2000

Emergency Planning and Response

The standards in this chapter implement the provisions of the Employee Right-to-Know Act of 1983. These standards require employers to evaluate their workplaces for the existence of hazardous substances, harmful physical agents, and infectious agents and to provide training and information to those employees covered under this act who are routinely exposed to those substances and agents. 6/11/2008

14 Hazardous Waste Facility Permits

Minnesota Administrative Rules, Chapter 7001.0500-0730

Hazardous Substances Management

Parts 7001.0010 to 7001.0210 and 7001.0500 to 7001.0730 govern the application procedures, the issuance, and the conditions of hazardous waste facility permits. Chapter 7000 and parts 7001.0010 to 7001.0210 and 7001.0500 to 7001.0730 shall be construed to complement each other. 7/13/2009

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15 Management of Used Oil

Minnesota Administrative Rules, Chapter 7045.0790-0990

Hazardous Substances Management

Parts 7045.0790 to 7045.0990 identify those materials that are and are not subject to regulation as used oil under parts 7045.0790 to 7045.0990. For reporting purposes, the waste number for used oil that is not intended for recycling or that is managed as hazardous waste is the appropriate hazardous waste number for any waste listed in part 7045.0135 contained in the used oil, the appropriate hazardous waste number for any hazardous waste characteristic of part 7045.0131 the used oil displays, or, if no other waste numbers are applicable, MN04. Parts 7045.0790 to 7045.0990 also identify parties who are subject to the requirements of parts 7045.0790 to 7045.0990 for the used oil activities they perform, and the requirements they must follow. 10/10/2013

Last amended 10/10/2013.

16 Land Disposal Restrictions

Minnesota Administrative Rules, Chapter 7045.1390

Hazardous Substances Management

Code of Federal Regulations, title 40, part 268, as amended, land disposal restrictions, is incorporated by reference, except as provided in subparts 2 to 5. 10/10/2013

Last amended 10/10/2013.

17

Identification and Listings of Hazardous Waste

Minnesota Administrative Rules, Chapter 7045.0102-7045.0200

Hazardous Waste Management and Disposal

Covers mixtures of wastes, treatability, exemptions, basis for listing hazardous wastes, and a list. 10/10/2013

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18

Standards Applicable to Generators of Hazardous Waste

Minnesota Administrative Rules, Chapter 7045.0205-0350

Hazardous Waste Management and Disposal

Subpart 1. Applicability to generators. Parts 7045.0205 to 7045.0325 apply to generators of hazardous waste. A generator shall comply with the generator requirements applicable to generator size as determined under part 7045.0206. Subp. 2. Applicability to transporters. The standards applicable to generators established in parts 7045.0205 to 7045.0325 apply to transporters of hazardous waste if a transporter transports hazardous waste into Minnesota from a foreign country or mixes hazardous waste of different United States Department of Transportation shipping descriptions by placing them into a single container as provided in part 7045.0355. Subp. 3. Applicability to owners or operators of hazardous waste facilities. The standards applicable to generators established in parts 7045.0205 to 7045.0325 apply to owners or operators of hazardous waste treatment, storage, or disposal facilities if a hazardous waste facility initiates a shipment of hazardous waste as provided in parts 7045.0472 and 7045.0578. 10/10/2013

Last amended 10/10/2013.

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19

Standards Applicable to Transporters of Hazardous Waste

Minnesota Administrative Rules, Chapter 7045.0351-.0430

Hazardous Waste Management and Disposal

The provisions of parts 7045.0355 to 7045.0391 establish standards that apply to persons transporting hazardous waste that originates or terminates within the state of Minnesota if the transportation requires a manifest under parts 7045.0205 to 7045.0304. Parts 7045.0395 and 7045.0397 apply to the transportation of all hazardous waste within the state of Minnesota. Covers ID numbers, transfer facility requirements, manifest, record keeping, and more. 10/10/2013

Last amended 10/10/2013.

20 Facility Standards

Minnesota Administrative Rules, Chapter 7045.0450-0551

Hazardous Waste Management and Disposal

Governs all standards for hazardous waste facilities, including personnel training, waste analysis requirements, location standards, preparedness and prevention, reporting requirements, manifest, postclosure care, financial assurance for corrective action, land treatment, landfills, drip pads, containers, and more. 10/10/2013

Last amended 10/10/2013.

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240

21 Interim Status Standards

Minnesota Administrative Rules, Chapter 7045.0552-0650

Hazardous Waste Management and Disposal

Parts 7045.0552 to 7045.0649 establish minimum standards for the management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to postclosure requirements, until postclosure responsibilities are fulfilled. Except as provided in Code of Federal Regulations, title 40, section 265.1080(b), as incorporated in part 7045.0645, the standards in parts 7045.0552 to 7045.0649, and the standards for the corrective action management units in part 7045.0545, temporary units in part 7045.0546, and staging piles in part 7045.0547, apply to: (1) owners and operators of facilities that treat, store, or dispose of hazardous waste who have fully complied with the requirements for interim status under chapter 7001 and section 3005(e) of the federal Resource Conservation and Recovery Act (RCRA) until either a permit is issued under chapter 7001 and section 3005 of RCRA or until applicable interim status closure and postclosure responsibilities are fulfilled and (2) those owners and operators of facilities in existence on November 19, 1980, who have failed to provide timely notification as required by section 3010(a) of RCRA or failed to file Part A of the permit application in chapter 7001. 10/10/2013

Last amended 10/10/2013.

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241

22

Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

Minnesota Administrative Rules, Chapter 7045.0652-.0780

Hazardous Waste Management and Disposal

Covers disposal of hazardous waste, recyclable hazardous waste used for precious metal recovery, lead-acid batteries, household batteries, and hazardous waste burned for energy recovery. 10/10/2013

Last amended 10/10/2013.

23 Universal Waste

Minnesota Administrative Rules, Chapter 7045.1400

Hazardous Waste Management and Disposal

Adoption. The requirements of Code of Federal Regulations, title 40, part 273, as amended, regulating the management of universal waste, are adopted and incorporated by reference except as specified in subpart 2. In addition, the provisions of part 7045.0090 also apply. 10/10/2013

Last amended 10/10/2013.

24 Hazardous Waste Permit Clearance

Minnesota Administrative Rules, Chapter 9205.0100-0608

Hazardous Waste Management and Disposal

The purpose of parts 9205.0500 to 9205.0560 is to establish a procedure to assure that hazardous waste facility operators have the necessary technical and business competence. Parts 9205.0500 to 9205.0560 are not intended to duplicate the review required under Pollution Control Agency permitting authority. 2/1/2005

25 Sewage Sludge Management

Minnesota Administrative Rules, Chapter 7041.0100-3400

Water Pollution

The purpose of this chapter is to establish requirements for the storage and land application of sewage sludge that protect public health and the environment. The policy of the agency is to encourage the beneficial use of sewage sludge as a fertilizer or soil conditioner. 10/27/2003

Last amended 1/22/2014.

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26 Wastewater Pretreatment

Minnesota Administrative Rules, Chapter 7049

Water Pollution

This chapter implements the requirements of the federal general pretreatment regulations in Code of Federal Regulations, title 40, part 403, and the pretreatment provisions of national categorical pretreatment regulations in Code of Federal Regulations, title 40, chapter I, subchapter N, and implements the authorities of Minnesota Statutes, section 115.03, subdivision 1, paragraph (e), clause (2). This chapter establishes the responsibilities of the state, local governments, and the public to control pollutants introduced into a publicly owned treatment works (POTW) and prevent the introduction of pollutants into a POTW. This chapter is intended to: A. prevent or control the introduction of pollutants that are incompatible with a POTW plant; B. prevent the pass-through of pollutants through a POTW plant without adequate treatment; and C. prevent interference with a POTW physical plant; collection system; physical, chemical, or biological processes; personnel; or disposal of residuals. 11/6/2008

Last amended 11/6/2008.

27

Underground Storage Tanks Training

Minnesota Administrative Rules, Chapter 7105

Water Pollution

This chapter implements the requirement of Minnesota Statutes, section 116.491, that the agency require a person who installs, repairs, or takes an underground storage tank permanently out of service to first obtain a certificate of competency from the agency. 10/2/2007

Last amended 10/2/2007.

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243

28

Underground Storage Tanks Program

Minnesota Administrative Rules, Chapter 7150

Water Pollution

The requirements of this chapter apply to all owners and operators of an underground storage tank system as defined in part 7150.0030, except as otherwise provided in this part. Covers design and construction, operation and maintenance, release detection, and out-of-service underground storage tank systems and closure. 10/26/2010

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244

Table H. Missouri: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

Row Regulation Citation Focus Overview Effective

Date Notes

1 Ambient Air Quality Standards 10 CSR 10-6.010 Air Pollution

Adds standards for hydrogen sulfide and sulfuric acid to the National Ambient Air Quality Standards for six criteria pollutants. 2/11/1978

Last amended 2/28/2006.

2

New Source Performance Regulations 10 CSR 10-6.070 Air Pollution

The provisions of 40 CFR 60 promulgated as of June 30, 2012, and Federal Register Notices 77 FR 48433, 77 FR 49490, and 77 FR 56422 promulgated from July 1, 2012, through December 31, 2012, shall apply and are hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408 4/11/1980

Last amended 12/30/2013.

3

Maximum Achievable Control Technology Regulations 10 CSR 10-6.075 Air Pollution

This rule incorporates by reference the maximum achievable control technology regulations in 40 CFR 63, providing the Missouri Department of Natural Resources the authority to implement and enforce these U.S. Environmental Protection Agency regulations. Since EPA enforces some subparts of 40 CFR 63 within Missouri, this rule also specifies whether EPA or the department is the enforcing authority for each subpart. 12/30/1996

Last amended 7/30/2017.

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4

Emission Standards for Hazardous Air Pollutants 10 CSR 10-6.080 Air Pollution

This rule incorporates by reference the maximum achievable control technology regulations in 40 CFR 61. This provides the Missouri Department of Natural Resources the authority to implement and enforce these U.S. Environmental Protection Agency regulations. 12/11/1982

Last amended 9/30/2018.

5

Reporting Emission Data, Emission Fees, and Process Information 10 CSR 10-6.110 Air Pollution

This rule provides procedures for reporting emission related information and establishing emission fees for the purpose of state air resource planning. This rule applies to any installation that is subject to any one (1) of the following: (A) Notifies and accepts a permit-by-rule under 10 CSR 10-6.062; (B) Is required to obtain a construction permit under 10 CSR 10-6.060; or (C) Is required to obtain an operating permit under 10 CSR 10-6.065 6/13/1984

Last amended 3/30/2015.

6

Measurement of Emissions of Air Contaminants 10 CSR 10-6.180 Air Pollution

This rule provides that upon request any source shall complete, or have completed, tests of emissions or, at the option of the agency, make the source available for tests of emissions. 8/2/1990

Last amended 12/31/1990.

7

Sewage Sludge and Industrial Waste Incinerators 10 CSR 10-6.190 Air Pollution

This rule incorporates by reference the federal regulatory requirements for existing sewage sludge incineration units in Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 76 FR 15372, dated March 21, 2011. 8/27/2012

Last amended 5/30/2013.

June 2019

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Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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8

Restriction of Emission of Visible Air Contaminants 10 CSR 10-6.220 Air Pollution

This rule specifies the maximum allowable opacity of visible air contaminant emissions, unless specifically exempt or regulated by 10 CSR 10-6.070 and requires the use of continuous monitoring systems (CMS) on certain air contaminant emission units 11/30/1999

Last amended 12/30/2016.

9

Acid Rain Source Permits Required 10 CSR 10-6.270 Air Pollution

This rule establishes certain general provisions and operating permit program requirements for affected sources and affected units under the federal Acid Rain Program. The Missouri Department of Natural Resources hereby adopts and incorporates by reference the provisions of 40 CFR part 72, then 40 CFR part 73, 40 CFR part 75, 40 CFR part 76, 40 CFR part 77, and 40 CFR part 78 as in effect in the Code of Federal Regulations on or after July 1993, for the purpose of establishing certain general provisions and operating permit program requirements for affected sources and affected units under the federal Acid Rain Program. 6/2/1994

Last amended 8/30/1999.

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Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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10

Clean Air Interstate Rule Annual NOx Trading Program 10 CSR 10-6.362 Air Pollution

This rule adopts the U.S. Environmental Protection Agency’s (EPA) regional trading program for nitrogen oxides, which was developed to meet the requirements of the Clean Air Interstate Rule. The Clean Air Interstate Rule was published on May 12, 2005. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the U.S. Environmental Protection Agency’s Clean Air Interstate Rule published on May 12, 2005. 10/2/2006

Last amended 2/28/2010.

11

Clean Air Interstate Rule SO2 Trading Program 10 CSR 10-6.366 Air Pollution

This rule adopts the U.S. Environmental Protection Agency’s (EPA) regional trading program for sulfur dioxide, which was developed to meet the requirements of the Clean Air Interstate Rule. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the U.S. Environmental Protection Agency’s Clean Air Interstate Rule published on May 12, 2005. 10/2/2006

Last amended 2/28/2010.

June 2019

248

Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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12

Cross-State Air Pollution Rule Annual NOx Trading Allowance Allocation 10 CSR 10-6.372 Air Pollution

The purpose of this rule is to reallocate annual nitrogen oxides (NOx) emission allowances for use with the U.S. Environmental Protection Agency’s (EPA’s) annual NOx regional emission reduction program as established in the federal Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. The federal CSAPR program will continue to be administered by EPA. The state rule only redistributes annual NOx allowances. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the September 13, 2011, December 16, 2014, and March 24, 2015 affected industry meeting summaries indicating general agreement to reallocate unused NOx allowances to municipalities that received zero (0) allowances. 5/15/2015

June 2019

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13

Cross-State Air Pollution Rule Ozone Season NOx Trading Allowance Allocations 10 CSR 10-6.374 Air Pollution

The purpose of this rule is to reallocate ozone season nitrogen oxides (NOx) emission allowances for use with the U.S. Environmental Protection Agency’s (EPA’s) ozone season NOx regional emission reduction program as established in the federal Cross-State Air Pollution Rule (CSAPR) for 2017 and beyond. The federal CSAPR program will continue to be administered by EPA. The state rule only redistributes ozone season NOx allowances. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the September 13, 2011, December 16, 2014, and March 24, 2015 affected industry meeting summaries indicating general agreement to reallocate unused NOx allowances to municipalities that received zero (0) allowances. 12/30/2015

June 2019

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Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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14

Cross-State Air Pollution Rule Annual SO2 Trading Allowance Allocations 10 CSR 10-6.376 Air Pollution

The purpose of this rule is to reallocate annual sulfur dioxide (SO2) emission allowances for use with the U.S. Environmental Protection Agency’s (EPA’s) annual SO2 regional emission reduction program as established in the federal Cross State Air Pollution Rule (CSAPR) for 2017 and beyond. The federal CSAPR program will continue to be administered by EPA. The state rule only redistributes annual SO2 allowances. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is a November 7, 2011 email with agreement between Empire District Electric Co. (Empire) and Kansas City Power and Light (KCP&L) and November 26, 2014 and March 24, 2015 meeting conference call notes. 12/30/2015

June 2019

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Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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15

Restriction of Particulate Matter Emissions from Fuel Burning Equipment Used for Indirect Heating 10 CSR 10-6.405 Air Pollution

This rule restricts the emission of particulate matter from fuel burning equipment used for indirect heating except where 10 CSR 10-6.070 would be applied. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is a necessity evidence memorandum dated March 5, 2008. This rule applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, or hot air or other indirect heating of liquids, gases, or solids and, in the course of doing so, the products of combustion do not come into direct contact with process materials. Fuels may include but are not limited to coal, tire derived fuel, coke, lignite, coke breeze, gas, fuel oil, biomass, and wood, but do not include refuse. When any products or byproducts of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum emission rate limitations shall apply. 10/30/2011

16

General Organization Missouri Emergency Response Commission

11 CSR 10-11.210

Emergency Planning and Response

This rule explains the formation of the Missouri Emergency Response Commission and its responsibilities under the Emergency Planning and Community Right-to-Know Act. Also explained is how to obtain additional information regarding these activities and where to make submittals 4/12/1984

Last amended 9/30/2004.

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17

Emergency Notification of Releases of Hazardous Substances and Extremely Hazardous Substances

11 CSR 10-11.230

Emergency Planning and Response

This rule establishes a statewide emergency telephone number to notify Missouri whenever a hazardous substance emergency occurs and specifies the requirements for emergency notification and follow-up written notices in the event of a hazardous substance emergency, the release of a reportable quantity of a hazardous substance and the release of a reportable quantity of an extremely hazardous substance. 4/12/1984

Last amended 6/30/2002.

18

Recycled Used Oil Management Standards

10 CSR 25-11.279 R

Hazardous Substances Management

This rule incorporates by reference and modifies the federal regulations in 40 CFR part 279 and sets forth additional state requirements 8/28/1994

Last amended 12/30/2015.

June 2019

253

Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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19

Underground Storage Tanks—Technical Regulations

10 CSR 26-2.010-2.083

Hazardous Waste Management and Disposal

This rule defines the underground storage tanks that are subject to the requirements of this chapter. This rule contains the technical standards for underground storage tanks. This rule is designed specifically to protect the quality of groundwater in the state as well as to protect human health and the overall quality of the environment. This rule is promulgated on the authority of sections 319.100–319.137, RSMo, and, as directed by this law, are based upon federal rules 40 CFR 280.10–40 CFR 280.74. The requirements of this chapter apply to all owners and operators of an underground storage tank (UST) system as defined in 10 CSR 26-2.012, except as otherwise provided in sections (2)– (4) of this rule. Any UST system listed in section (3) of this rule must meet the requirements of 10 CSR 26-2.011. 9/28/1990

Last amended 5/30/2017.

20

Standards Applicable to Generators of Hazardous Waste 10 CSR 25-5.262

Hazardous Waste Management and Disposal

This rule sets forth standards for generators of hazardous waste, incorporates 40 CFR part 262 by reference, and sets forth additional state standards. 10/1/1986

Last amended 12/20/2015.

21

Standards for Transporters of Hazardous Waste 10 CSR 25-6.263

Hazardous Waste Management and Disposal

This rule sets forth standards for transporters of hazardous waste, incorporates 40 CFR part 263 and certain regulations in 49 CFR by reference, and sets forth additional state standards. 10/1/1986

Last amended 12/30/2015.

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Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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22

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities 10 CSR 25-7.264

Hazardous Waste Management and Disposal

This rule incorporates and modifies the federal regulations in 40 CFR part 264 by reference and sets forth additional state requirements 12/16/1985

Last amended 12/30/2015.

23

Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities 10 CSR 25-7.265

Hazardous Waste Management and Disposal

This rule incorporates 40 CFR part 265 by reference and sets forth additional state standards. 10/1/1986

Last amended 12/30/2015.

24

Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities 10 CSR 25-7.266

Hazardous Waste Management and Disposal

This rule incorporates federal regulations in 40 CFR part 266 by reference and provides Missouri specific additions, deletions, or changes to the federal regulations. This rule provides limited standards for certain hazardous waste management practices, particularly regarding recyclable materials and sets forth standards for recyclable materials used in a manner constituting disposal, hazardous waste burned in boilers and industrial furnaces recyclable materials utilized for precious metals recovery and spent lead-acid batteries being reclaimed. 10/1/1986

Last amended 12/30/2015.

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Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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25

Missouri Administered Permit Programs: The Hazardous Waste Permit Program 10 CSR 25-7.270

Hazardous Waste Management and Disposal

This rule incorporates the federal regulations in 40 CFR part 270 by reference and sets forth additional state requirements. 10/1/1986

Last amended 12/30/2015.

26 Effluent Regulations 10 CSR 20-7.015

Water Pollution

This rule sets forth the limits for various pollutants which are discharged to the various waters of the state. The two previous rules 10 CSR 20-6.050 and 10 CSR 20-7.010 have been rescinded and this rule combines certain aspects of both rules and modifies the format of the effluent regulations. This rule also complies with the latest changes to the Federal Clean Water Act, P.L. 97-117 (1981). 6/6/1974

Last amended 2/28/2014.

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Missouri Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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27 Water Quality Standards 10 CSR 20-7.031

Water Pollution

This rule identifies uses of waters of the state, criteria to protect those uses, and defines the antidegradation policy. It is developed in response to the Missouri Clean Water Law and the federal Clean Water Act, Section 303(c)(1) and (2), which requires that state water quality standards be reviewed at least once every three (3) years. These revisions are pursuant to the national goal of protection of fish, shellfish, and wildlife and recreation in and on the water as outlined in Section 101(a)(2) of the Act.

This rule becomes effective

immediately upon

adoption and compliance

with the requirements of subsection

644.036.3., RSMo, of the

Missouri Clean

Water Law and Chapter 536, RSMo.

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257

Table I: North Carolina: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

Row Regulation Citation Focus Overview Effective

Date Notes

1 Emission Reduction Plan: Warning Level

15A NCAC 02D .0306 Air Pollution

When an air pollution warning is in effect, operators of coal or oil-fired electric power generating facilities shall: 1) use fuels having the lowest ash and sulfur content; 2) perform boiler lancing and soot blowing between noon to 4:00 p.m.; 3) reduce steam load demands consistent with continuing plant operations; and 4) prepare to use the preplanned abatement program for emergency level. 2/1/1976

Last amended 7/1/1984.

2 Ambient Air Quality Standards

15A NCAC 02D .0400 Air Pollution

Establishes additional three-hour air quality standards for sulfur oxide, as well as air quality standards for total suspended particulates and hydrocarbons, in addition to the National Ambient Air Quality Standards for six criteria pollutants. 2/1/1976

Last amended 12/1/1992.

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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3 Emission Control Standards

15A NCAC 02D .0500 Air Pollution

In addition sources regulated in the National Emission Source Hazardous Air Pollutant Standards, establishes standards for: 1) particulates from fuel burning indirect heat exchanges, miscellaneous industrial processes, and electric utility boilers; 2) sulfur dioxide emissions from combustion sources; 3) nitrogen dioxide and nitrogen oxide emissions; 4) visible emissions from all fuel burning sources and to other processes that may have visible emissions; 5) ethylene oxide emissions; and 6) particulates from fugitive dust emissions sources. Also establishes best available retrofit technology. 2/1/1976

Last amended 6/1/2008.

4 Emissions Control Standards

15A NCAC 02D .0501 Air Pollution

The purpose of this Rule is to assure orderly compliance with emission control standards found in this Section. This Rule shall apply to all air pollution sources, both combustion and non-combustion. All new sources shall be in compliance prior to beginning operations. 2/1/1976

Last amended 6/1/2008.

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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5 New Source Performance Standards

15A NCAC 02D .0524 Air Pollution

Sources subject to new source performance standards promulgated in 40 CFR Part 60 shall comply with emission standards, monitoring and reporting requirements, maintenance requirements, notification and record keeping requirements, performance test requirements, test method and procedural provisions, and any other provisions, as required therein, rather than with any otherwise-applicable rule in this Section which would be in conflict therewith. 6/18/1976

Last amended 7/1/2007.

6 Control of Mercury Emissions

15A NCAC 02D .0537 Air Pollution

This Rule shall apply to all new and existing stationary sources engaged in the handling or processing of mercury and not subject to standards on emissions for mercury in Rule .0530, .1110, or .1111 of this Subchapter. An owner or operator of a stationary source engaged in the handling or processing of mercury shall not cause, allow, or permit particulate or gaseous mercury emissions in excess of 2300 grams per day into the outdoor atmosphere. 6/1/1985

Last amended 7/1/1996.

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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7 Federal Monitoring Requirements

15A NCAC 02D .0610 Air Pollution

The owner or operator of sources subject to monitoring, recordkeeping, or reporting requirements contained in: (1) 40 CFR Part 60, New Source Performance Standards (NSPS); (2) 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP); (3) 40 CFR Part 63, Maximum Achievable Control Technology (MACT); or (4) 40 CFR Part 75, Acid Rain; shall comply with these requirements. 6/18/1976

Last amended 4/1/1999.

8 Monitoring Emissions from Other Sources

15A NCAC 02D .0611 Air Pollution

Requires monitoring and reporting for all NCAC regulated pollutants not included in Federal programs. 4/1/1999

Last amended 4/1/1999.

9 Control of Toxic Air Pollutants

15A NCAC 02D .1101 Air Pollution

This Section sets forth the rules for the control of toxic air pollutants to protect human health. 5/1/1990

Last amended 7/1/2018.

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10 Maximum Achievable Control Technology

15A NCAC 02D .1111 Air Pollution

With the exception of Paragraph (b) or (c) of this Rule, sources subject to national emission standards for hazardous air pollutants for source categories promulgated in 40 CFR Part 63 shall comply with emission standards, monitoring and reporting requirements, maintenance requirements, notification and record keeping requirements, performance test requirements, test method and procedural provisions, and other provisions, as required therein, rather than with any otherwise-applicable rule in 15A NCAC 02D .0500 which would be in conflict therewith. 7/1/1996

Last amended 7/1/2018.

11 Requirement for a Permit 15A NCAC 02Q .0501 Air Pollution

The purpose of this Section is to establish an air quality permitting program as required pursuant to Title V of the Clean Air Act and 40 CFR Part 70. 7/1/1994

Last amended 4/1/2018.

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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12 Hazardous Materials 13 NCAC 07F .0103

Emergency Planning and Response

Adds first responder operations plus level certification: individuals who respond to hydrocarbon fuel tank leaks where the leaking tanks contain a hydrocarbon fuel which is used to propel the vehicle on which the tank is located. Only those vehicles designed for highway use or those used for industrial, agricultural or construction purposes are covered. First responders at the operations plus level shall have received at least training equal to first responder operations level and, in addition, shall receive training or have had sufficient experience to objectively demonstrate competency in the following areas and the employer shall so certify: (a) Know how to select and use proper specialized personal protective equipment provided to the first responder at operations plus level; (b) Understand basic hazardous materials terms as they pertain to hydrocarbon fuels; (c) Understand hazard and risk assessment techniques that pertain to gasoline, diesel fuel, propane and other hydrocarbon fuels; (d) Be able to perform control, containment, or confinement operations for gasoline, diesel fuel, propane and other hydrocarbon fuels within the capabilities of the available resources and personal protective equipment; and (e) Understand and know how to implement decontamination procedures for hydrocarbon fuels. 12/17/2007

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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13

Process Safety Management of Highly Hazardous Chemicals, HAZWOPER

Emergency Planning and Response Adopts OSHA regulations.

14 Underground Storage Tanks

15A NCAC 02N .0100-1000

Hazardous Waste Management and Disposal

The purpose of this Subchapter is to establish the technical standards and corrective action requirements for owners and operators of underground storage tanks. The UST Section of the Division of Waste Management shall administer the underground storage tank program for the State of North Carolina. The regulation covers design, construction, installation, notification, release detection, reporting investigation and confirmation. 1/1/1991

Last amended 6/1/2017.

15

Hazardous Waste Management: RCRA/Hazardous Waste Permit Requirements

15A NCAC 13A .0105

Hazardous Substances Management

Adopts federal regulation with few changes. (40 CFR Part 124). 11/19/1980

Last amended 3/1/2018.

16

Hazardous Waste Management: Identification and Listing of Hazardous Wastes

15A NCAC 13A .0106

Hazardous Waste Management and Disposal

Incorporates federal regulations by reference (40 CFR Part 261). 11/19/1980

Last amended 1/1/1996.

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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17

Hazardous Waste Management: Standards Applicable to Generators of Hazardous Waste

15A NCAC 13A .0107

Hazardous Waste Management and Disposal

Incorporates federal regulations by reference (40 CFR Part 262). 11/19/1980

Last amended 3/1/2018.

18

Hazardous Waste Management: Standards Applicable to Transporters of Hazardous Waste

15A NCAC 13A .0108

Hazardous Waste Management and Disposal

Incorporates federal regulations by reference (40 CFR Part 263). 11/19/1980

Last amended 3/1/2018.

19

Hazardous Waste Management: Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

15A NCAC 13A .0109

Hazardous Waste Management and Disposal

Adopts federal regulation regarding financial requirements and some additional local facility standards (40 CFR Part 264). 11/19/1980

Last amended 3/1/2018.

20

Hazardous Waste Management: Interim Status and Standards for Owners and Operators of Hazardous waste Treatment, Storage, and Disposal Facilities

15A NCAC 13A .0110 I

Hazardous Waste Management and Disposal

Incorporates federal regulations by reference (40 CFR Part 265). 11/19/1980

Last amended 3/1/2018.

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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21

Hazardous Waste Management: Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

15A NCAC 13A .0111

Hazardous Waste Management and Disposal

Incorporates federal regulations by reference (40 CFR Part 266). 7/1/1985

Last amended 3/1/2018.

22

Hazardous Waste Management: Land Disposal Restrictions

15A NCAC 13A .0112

Hazardous Waste Management and Disposal

Incorporates federal regulations by reference (40 CFR Part 268). 8/1/1987

Last amended 3/1/2018.

23

Hazardous Waste Management: Hazardous Waste Permit Program

15A NCAC 13A .0113

Hazardous Waste Management and Disposal

Incorporates federal regulations by reference (40 CFR Part 270). 11/19/1980

Last amended 3/1/2018.

24

Hazardous Waste Management: Standards for the Management of Used Oil

15A NCAC 13A .0118

Hazardous Waste Management and Disposal

Incorporates federal regulations by reference (40 CFR Part 279). 10/1/1993

Last amended 3/1/2018.

25

Hazardous Waste Management: Standards for Universal Waste Management

15A NCAC 13A .0119

Hazardous Waste Management and Disposal

Incorporates federal regulations by reference (40 CFR Part 273). 1/1/1996

Last amended 3/1/2018.

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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26 Sewage Sludge Incineration Units

15A NCAC 02D .1204

Water Pollution

Applies to all sewage sludge incinerator units. It mostly adopts federal regulations, but if the NCAC differs from the CFR, the most stringent regulation applies. 10/1/1991

Last amended 3/1/2018.

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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27 Point Source Discharges to the Surface Waters

15A NCAC 02H .0101

Water Pollution

These Rules implement G.S. 143-215.1 which requires permits for control of sources of water pollution by providing the requirements and procedures for application and issuance of state NPDES permits for a discharge from an outlet, point source, or disposal system discharging to the surface waters of the state, and for the construction, entering a contract for construction, and operation of treatment works with such a discharge (see Section .0200 of this Subchapter regarding permits for disposal systems not discharging to the surface waters of the state). These Rules also contain the requirements and procedures for issuance of state permits for pretreatment facilities These Rules apply to all persons: (1) discharging or proposing to discharge waste to the surface waters of the state; or (2) constructing or proposing to construct a treatment or pretreatment works with a discharge as described in Part (1) or (2) of this Rule; or (3) operate or propose to operate a treatment works with a discharge as described in Part (1) or (2) of this Rule; or (4) discharging or proposing to discharge stormwater which results in water pollution. 2/1/1976

Last amended 8/3/1992.

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North Carolina Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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28

Groundwater Classification and Standards

15A NCAC 02L .0101-0114

Water Pollution

These rules are applicable to all activities or actions, intentional or accidental, which contribute to the degradation of groundwater quality, regardless of any permit issued by a governmental agency authorizing such action or activity except an innocent landowner who is a bona fide purchaser of property which contains a source of groundwater contamination, who purchased such property without knowledge or a reasonable basis for knowing that groundwater contamination had occurred, or a person whose interest or ownership in the property is based or derived from a security interest in the property, shall not be considered a responsible party. 6/10/1979

Last amended 8/1/1989.

29 Advanced Wastewater pretreatment System

15A NCAC 18A .1970

Water Pollution

Provides tables for effluent quality standards and advanced pretreatment systems and other regulations for wastewater systems with a design flow of up to 3000 gallons per day approved pursuant to 15A NCAC 18A .1957(c) or .1969 that include an advanced pretreatment component shall be designed to meet one of the effluent quality standards. 6/1/2006

Last amended 10/1/2011.

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269

Table J. Ohio: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

Ohio Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

Row Regulation Citation Focus Overview Effective

Date Notes

1

Acid Rain Operating Permits for Electrical Generating Units OAC 3745-103 Air Pollution

Sets applicability, requirements, application options, permit amendments, monitoring/recordkeeping/reporting requirements, and procedures for permits related to EGUs and Acid Rain. 9/10/1997

Last amended 10/20/2017.

2

Accidental Release Prevention Program OAC 3745-104 Air Pollution

Adopts 29 CFR 1910.119, 40 CFR 68, and 40 CFR 71. 8/13/1999

Last amended 4/10/2015.

3

Nitrogen Oxides - Reasonably Available Control Technology OAC 3745-14 Air Pollution

Adopts 40 CFRs 72 & 75. Sets requirements for permits, compliance certification, monitoring and reporting, and stationary internal combustion engines. 12/22/2007

Last amended 7/18/2013.

4

General Provisions on Air Pollution Control: Malfunction of Equipment; Scheduled Maintenance; Reporting OAC 3745-15-06 Air Pollution

Establishes standards for scheduled maintenance of air pollution control equipment and requires reporting of any air pollution control equipment malfunction. 2/15/1972

Last amended 7/20/2015.

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5 Particulate Matter Standards OAC 3745-17 Air Pollution

Establishes standards for measurement methods and procedures, compliance time schedules, control of visible particulate emissions from stationary sources, restriction of emission of fugitive dust, restrictions on particulate emissions and odors from incinerators, restrictions on particulate emissions from fuel burning equipment, and restrictions on particulate emissions from industrial process. 8/7/1972

Last amended 1/20/2018.

6 Sulfur Dioxide Regulations OAC 3745-18 Air Pollution

Adopts many sections of 40 CFR 60 & 40 CFR 63, 40 CFR 52.1881, and 40 CFR 50 Appendix A. 12/28/1979

Last amended 2/16/2017.

7

Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements OAC 3745-21 Air Pollution

Adopts many sections of 40 CFRs 60, 63, and 50. 2/15/1972

Last amended 10/15/2015.

8 Nitrogen Oxide Standards OAC 3745-23 Air Pollution

Establishes standards for methods of measurement of nitrogen oxides. References 40 CFR 50.11, Appendix F and 40 CFR 53. 2/15/1972 Last amended 9/8/2014.

9

Nitrogen Oxide Emission Statements OAC 3745-24 Air Pollution

Establishes requirements for emission statements of nitrogen oxides. 4/1/1994

Last amended 12/17/2016.

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10

Emergency Episode Standards OAC 3745-25 Air Pollution

Establishes thresholds for attainment of primary and secondary ambient air quality standards for: particulate matter, sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, lead. It also outlines conditions for air alerts, warnings and emergencies; establishes air pollution emergency emission control action programs and emergency orders. Seems to adopt some or all parts of 40 CFR 50. 4/18/2009

Last amended 12/1/2014.

11 Toxic Chemical Release Reporting OAC 3745-100

Emergency Planning and Response Adopts several sections of 40 CFR 372. 9/25/2008

Last amended 2/11/2017.

12 Emergency Planning OAC 3750-20

Emergency Planning and Response

Adopts table 302.4 from 40 CFR 302. Sets applicability and requirements for owners/operators of facilities for emergency planning and prevention. 6/30/1990 Last amended 1/2/2007.

13

Emergency Release Notification OAC 3750-25

Emergency Planning and Response

Adopts reportable quantities from 40 CFR Part 302 Table 302.4. Sets release notification requirements, designation of hazardous substances standards, and designates facilities subject to this regulation. 6/30/1993

Last amended 2/11/2017.

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14 Underground Storage Tanks OAC 1301:7-9

Hazardous Waste Management and Disposal

For the purpose of prescribing rules pursuant to section 3737.02 and section 3737.882 of the Revised Code, the state fire marshal hereby adopts this chapter in accordance with Chapter 119. of the Revised Code to implement the underground storage tank program and corrective action program for releases from underground petroleum storage tanks. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code." 2/1/2014 Last amended N/A.

15

Used Oil Management Standards OAC 3745-279

Hazardous Substances Management

This rule identifies those materials which are subject to regulation as used oil under Chapter 3745-279 of the Administrative Code. This rule also identifies some materials that are not subject to regulation as used oil under Chapter 3745-279 of the Administrative Code and indicates whether these materials may be subject to regulation as hazardous waste under Chapters 3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, and 3745-270 of the Administrative Code. 10/20/1998

Last amended 3/24/2017.

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16

Hazardous Waste Management System-General OAC 3745-50

Hazardous Substances Management

Chapter 3745-50 of the Administrative Code provides definitions, general standards, permit information, and overview information applicable to Chapters 3745-50 to 3745-69, 3745-205, 3745-256, 3745-266, 3745-270, 3745-273, and 3745-279 of the Administrative Code. Adopts 40 CFR 260. 4/15/1981

Last amended 3/24/2017.

17

Hazardous Wastes Restricted from Land Disposal OAC 3745-270

Hazardous Waste Management and Disposal

Chapter 3745-270 of the Administrative Code identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed. 12/30/1989

Last amended 12/21/2017.

18

Identification and Listing of Hazardous Waste OAC 3745-51

Hazardous Waste Management and Disposal

Chapter 3745-51 of the Administrative Code identifies those wastes which are subject to regulation as hazardous wastes under Chapters 3745-52, 3745-53, 3745-54 to 3745-57, 3745-65 to 3745-69, 3745-205, 3745-256, and 3745-270, rules 3745-50-40 to 3745-50-235 of the Administrative Code, and which are subject to the requirement to notify Ohio EPA or U.S. EPA of regulated waste activity. And establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled. 4/15/1981

Last amended 2/12/2018.

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19 Generator Standards OAC 3745-52

Hazardous Waste Management and Disposal

Adopts 40 CFR 262 Subpart H. Chapter 3745-52 of the Administrative Code establishes standards for generators of hazardous wastes. 7/27/1980

Last amended 2/12/2018.

20 Transporter Standards OAC 3745-53

Hazardous Waste Management and Disposal

Adopts 40 CFR Part Subpart H. Chapter 3745-53 of the Administrative Code establishes standards which apply to persons transporting hazardous waste within the state of Ohio if the transportation requires a hazardous waste manifest under Chapter 3745-52 of the Administrative Code. 7/27/1980

Last amended 2/12/1980.

21

General Facility Standards-New Facilities OAC 3745-54

Hazardous Waste Management and Disposal

The purpose of Chapters 3745-54 to 3745-57 and 3745-205 of the Administrative Code is to establish minimum standards which define the acceptable management of hazardous waste. 4/15/1981 Last amended 9/5/2010.

22

Corrective Action, Closure, Post-Closure, and Financial Requirements OAC 3745-55

Hazardous Waste Management and Disposal

Sets requirements for closure, post-closure, and financial requirements to owners/operators of hazardous waste disposal facilities. 1/7/1983

Last amended 12/7/2004.

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23 Water Quality Standards OAC 3745-1

Water Pollution

The purpose of these water quality standards, in this chapter, is to establish minimum water quality requirements for all surface waters of the state, thereby protecting public health and welfare; and to enhance, improve and maintain water quality as provided under the laws of the state of Ohio, section 6111.041 of the Revised Code, the federal Clean Water Act, and rules adopted thereunder. Essentially adopts 40 CFRs 131, 132, 136, and 400-471. 2/14/1978 Last amended 1/2/2018.

24 Pretreatment Rules OAC 3745-3

Water Pollution

The purpose of this chapter is to establish as part of a state pretreatment program under Chapter 6111. of the Revised Code, enforceable state requirements and standards regulating the introduction of pollutants into POTWs by industrial users. 11/1/1984 Last amended 6/7/2017.

25

Ohio NPDES Individual Permits OAC 3745-33

Water Pollution Adopts 40 CFR 122-125. 12/30/1973 Last amended 6/1/2018.

26

Underground Injection Control Program OAC 3745-34

Water Pollution Adopts 40 CFR 144. 12/15/1982

Last amended 11/11/2016.

27

Permit Program Regulating Discharge of Nondomestic Wastewater into a POTW OAC 3745-36

Water Pollution

The purpose of this chapter is to establish, as a part of the Ohio pretreatment program under Chapter 6111. of the Revised Code, a permit program regulating the discharge of nondomestic wastewater into a POTW to assure compliance with pretreatment standards under Chapter 3745-3 of the Administrative Code. 4/7/1988 Last amended 6/7/2017.

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28 Ohio NPDES General Permits OAC 3745-38

Water Pollution Adopts 40 CFRs 122, 123.44, and 124. 9/1/1991

Last amended 12/1/2015.

29 Sewage Sludge OAC 3745-40 Water Pollution

Adopts methods from but no other references to CFR Part 503. Also adopts methods from 40 CFR Part 136. The current regulation is effective until 12/1/2018 after which the changes (published with the current regulation) will become effective. The purpose of this chapter is to: establish standards applicable to the treatment, storage, transfer or disposal of sewage sludge or biosolids; establish standards applicable to the beneficial use of biosolids; reasonably protect public health and the environment; encourage the beneficial use of biosolids; and minimize the creation of nuisance odors. 4/8/2002

Last amended 7/1/2011 (12/1/2018).

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Table K. Pennsylvania: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

Pennsylvania Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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1

National Standards of Performance for New Stationary Sources 25 Pa. Code 122 Air Pollution

Adopts by references the federal Standards of Performance for New Stationary Sources (40 CFR Part 60). 8/1/1979

Last amended 12/27/1997.

2 Standards for Contaminants 25 Pa. Code 123 Air Pollution

This chapter creates standards for fugitive emissions; visible emissions; and emissions of particulate matter, sulfur compounds, odors, and nitrogen compounds. Further establishes a NOx allowance trading program. 9/1//1971

Rules for mercury emissions brought into effect on February 17, 2007 and reversed on November 12, 2010.

3

National Emissions Standards for Hazardous Air Pollutants 25 Pa. Code 124 Air Pollution

Adopts by reference the National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61). 8/1/1979 Last amended 8/1/1979.

4

Alternative Emission Reduction Limitations 25 Pa. Code 128 Air Pollution

Allows air contamination source owners or operators to submit a proposal for an alternative emission reduction plan for existing source to the Department of Environmental Protection. N/A

Original effective date not published. First amended date is 3/21/1981. Several additional sections reversed 9/5/1998

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5 Standards for Products 25 Pa. Code 130 Air Pollution

Establishes emissions standards by product types. Regulates consumer products; architectural and industrial maintenance coatings; and adhesives, sealants, primers, and solvents. 10/25/2003

Subchapter B (Consumer Products) effective 10/10/2008. Subchapter C (Architectural and Industrial Maintenance Coating) effective 10/25/2003 and last amended 10/11/2008. Subchapter D (Adhesives, Sealants, Primers, and Solvents) effective 12/15/2010 and last amended 6/28/2014.

6 Ambient Air Quality Standards 25 Pa. Code 131 Air Pollution

Adopts by reference the National Ambient Air Quality Standards (40 CFR Part 50). 9/11/1971 Last amended 9/5/1998.

7 Reporting of Sources 25 Pa. Code 135 Air Pollution

Requires all sources of air contaminant emissions (except for a few exceptions for sources determined to be of minor significant by the Department) to submit emission statements to the Department of Environmental Protection. N/A

Original effective date not published. First amended date is 2/14/1986.

8 Standards for Sources 25. Pa. Code 129 Air Pollution

Establishes emissions standards by source type. Source types include but are not limited to nitric acid plants, sulfuric acid plants, open burning operations, sources of Volatile Organic Compounds (VOCs), mobile sources, and stationary sources of NOx and VOCs, and major sources of NOx and VOC. 9/11/1971

Last amended 10/21/2016.

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9

Administration of the Storage Tank and Spill Prevention Program 25 Pa. Code 245

Hazardous Waste Management and Disposal

For all owners and operators of underground storage tanks and storage facilities, the subchapters of this regulation outline a certification program for installers and inspectors; a permitting program; a corrective action process; and financial requirements. Additional sections address requirements for owners and operators of aboveground storage tanks. technical standards. This chapter further establishes technical standards for underground storage tanks. N/A

Original effective date not published. First amended date is 12/3/1994.

10

Hazardous Waste Management System: General 25 Pa. Code 260a

Hazardous Substances Management

Adopts by reference the federal Hazardous Waste Management System (40 CFR Part 260). 5/1/1999

25 Pa. Code 260 renumbered 2/9/1990 and reserved effective 5/1/1999. Regulatory text no longer available online. Original effective or adopted dates not available.

11 Hazardous Waste Permit Program 25 Pa. Code 270a

Hazardous Substances Management

Adopts by reference the federal Hazardous Waste Permit Program (40 CFR 270). The Pennsylvania regulation makes modifications to the federal regulation including with respect to payment of fees; confidentiality of information; procedures for modification, termination, revocation, or reissuance of permits; continuation of existing permits; public notice and hearings; and procedures for standardized permits. 5/1/1999

25 Pa. Code 270 renumbered 2/9/1990 and reserved effective 5/1/1999. Regulatory text no longer available online. Original effective or adopted dates not available.

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12 Management of Waste Oil 25 Pa. code 298

Hazardous Substances Management

This chapter specifies general procedures and rules for persons or municipalities who generate, manage or handle waste oil that is being recycled. Sets forth rules for waste oil generators, collection centers and aggregation points, transporter and transfer facilities, processing/refining facilities, burners who burn off-specification waste oil for energy recovery, and waste oil fuel marketers. 6/2/2001

13

Hazardous Material Transportation 67 Pa. Code 403

Hazardous Substances Management

Prescribes methods of packing, loading and unloading of hazardous materials; specifications, marking, inspection, condition and equipment of vehicles transporting hazardous materials; qualifications of drivers and other matters relating to operation of the vehicles; routing and parking of the vehicles; and other factors affecting the nature and degree of risk involved in the transportation of hazardous materials. Adopts by reference portions of the federal Hazardous Materials Safety Regulations (49 CFR). 11/1/1979

Last amended 4/19/1994.

14

Standards Applicable to Generators of Hazardous Waste 25 Pa. Code 262a

Hazardous Waste Management and Disposal

Adopts by reference the federal Standards Applicable to Generators of Hazardous Waste (40 CFR Part 263) with some modifications, including additional reporting and source reduction strategy requirements. 5/1/1999

25 Pa. Code 262 renumbered 2/9/1990 and reserved effective 5/1/1999. Regulatory text no longer available online. Original effective or adopted dates not available.

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15 Transporters of Hazardous Waste 25 Pa. Code 263a

Hazardous Waste Management and Disposal

Adopts by reference the federal Standards Applicable to Transporters of Hazardous Waste (40 CFR Part 263). The Pennsylvania regulation makes modifications to the federal regulation including with respect to transfer facility requirements, licensing, fees, and collateral bonding. 1/1/1999

25 Pa. Code 263 renumbered 2/9/1990 and reserved effective 5/1/1999. Regulatory text no longer available online. Original effective or adopted dates not available.

16

Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities 25 Pa. Code 264a

Hazardous Waste Management and Disposal

Adopts by reference the federal Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities (40 CFR Part 264-265). The Pennsylvania regulation makes modifications to the federal regulation including with respect to fees, general groundwater monitoring requirements, financial requirements, and land treatment of hazardous waste. 1/1/1999

25 Pa. Code 264 renumbered 2/9/1990 and reserved effective 5/1/1999. Regulatory text no longer available online. Original effective or adopted dates not available.

17

Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities 25 Pa. Code 266a

Hazardous Waste Management and Disposal

Adopts by reference the federal Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities (40 CFR Part 266). 5/1/1999

25 Pa. Code 266 effective 1/16/1993 and reserved effective 5/1/1999. Regulatory text no longer available online.

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18 Universal Waste Management

25 Pa. Code 266b

Hazardous Waste Management and Disposal

Adopts by reference the federal Standards for Universal Waste Management (40 CFR 273). 5/1/1999

25 Pa. Code 266 effective 1/16/1993 and reserved effective 5/1/1999. Regulatory text no longer available online.

19

Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit 25 Pa. Code 267a

Hazardous Waste Management and Disposal

Adopts by referenced the federal Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permit (40 CFR Part 267). 1/10/2009

25 Pa. Code 267 renumbered 2/9/1990 and reserved effective 5/1/1999. Regulatory text no longer available online. Original effective or adopted dates not available.

20 Land Disposal Restrictions 25 Pa. Code 268a

Hazardous Waste Management and Disposal

Adopts by referenced the federal Land Disposal Restrictions (40 CFR 268). 5/1/1999

Last amended 12/23/2000.

21 Land Application of Sewage Sludge 25 Pa. Code 275

Water Pollution

Operators must obtain a permit from the Pennsylvania Department of Environmental Protection to dispose of sewage sludge using land application. This chapter sets requirements to obtain permits with respect to disposal siting, sludge storage, erosion control, water quality protection, monitoring and recordkeeping. It further sets requirements for land applying sewage sludge under a land reclamation permit, including timing of disposal, revegetation, soil treatment, and monitoring. 4/8/1988

Last amended 5/27/1997.

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22

National Pollutant Discharge Elimination System Permitting, Monitoring, and Compliance 25 Pa. Code 92a

Water Pollution

Implements the National Pollutant Discharge Elimination System (NPDES) program (40 CFR Parts 122-125). Prohibits point source pollutant discharges into surface waters except as authorized under an NPDES permit. The provisions of this regulation outline permit application processes; permit conditions; monitoring and annual fee requirements; transfer, modification, revocation, termination, and reissuance of permits; public participation in the permitting process; civil penalties for permit violations; and other guidelines. 10/9/2010

25 Pa. Code 92 adopted 8/4/1978 and Reserved effective10/9/2010. Regulatory text no longer available online.

23 Water Quality Standards 25 Pa. Code 93

Water Pollution

The Water Quality Standards regulation establishes water quality criteria and protected water uses applicable to all surface waters, including wetlands, of Pennsylvania and additional requirements applicable to specifically designated waters. It further establishes a process for determining High Quality and Exceptional Value Waters and sets forth antidegradation requirements applicable to such waters. 2/16/1985

Last amended 7/20/2013.

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24

Wastewater Treatment Requirements 25 Pa. Code 95

Water Pollution

In addition to general effluent standards for industrial wastes, this regulation establishes eligibility requirements for time extensions to achieve effluent limitations, treatment requirements for discharges to waters affected by abandoned mine drainage, and treatment requirements for new and expanding mass loadings of Total Dissolved Solids (TDS). 9/3/1971

Several additional sections of this regulation removed from the Pennsylvania Administrative Code and reversed on November 18, 2000. Regulatory texts for these rules no longer available online.

25

Water Quality Standards Implementation 25 Pa. Code 96

Water Pollution

Sets forth rules for achieving and maintaining water quality standards. Includes specific rules for total maximum daily loads (TMDLs) and water quality based effluent limitations (WQBEL), nutrient discharges, and heated wastewater discharges. Also establishes processes for public participation and use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed. 11/18/2000

Last amended 12/14/2002.

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285

Table L. Texas: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

Texas Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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1 General Air Quality Rules

30 Tex. Admin. Code 101 Air Pollution

Sets forth general air quality rules relating to multiple air contaminant sources or properties, circumvention, nuisance, and emissions fees, among other categories. Establishes additional specific rules and programs for the Houston-Galveston-Brazoria one-hour ozone nonattainment area, including a voluntary emissions banking and trading program for sources that reduce emissions beyond the level required by local, state, or federal regulations. Further rules set forth include reporting requirements for emissions events; maintenance, startup, and shutdown standards; and a voluntary supplemental leak detection program for volatile organic compound facilities. 1/1/1976

Last amended 7/28/2016.

2

Designated Facilities and Pollutants

30 Tex. Admin. Code 113 Subchapter D Air Pollution

Establishes separate emissions guidelines and compliance times with National Emission Standards for Hazardous Air Pollutants for commercial and industrial solid waste incineration unites that commenced construction on or before November 30, 1999; other solid waste incineration units that commenced construction on or before December 9, 2004; and other facility types. 10/29/1998

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3

Consolidated Federal Air Rules (CAR): Synthetic Organic Chemical Manufacturing Industry

30 Tex. Admin. Code 113 Subchapter E Air Pollution

Adopts by reference the Consolidated Federal Air Rule (40 CFR Part 65). 10/20/2002

4

National Emission Standards for Hazardous Air Pollutants

30 Tex. Admin. Code 113, Subchapter B Air Pollution

Adopts by reference the federal Radon Emissions from Phosphogypsum regulations (40 CFR Part 61, subpart R). 2/4/1999

5

National Emission Standards for Hazardous Air Pollutants FOR Source Categories

30 Tex. Admin. Code 113, Subchapter C Air Pollution

Adopts by reference the federal National Emission Standards for Hazardous Air Pollutants for Source Categories (40 CFR Part 63). 7/16/1997

Last amended 12/29/2016.

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6 Used Oil Standards

30 Tex. Admin Code 324

Hazardous Substances Management

Adopts by reference the federal Standards for the Management of Used Oil (40 CFR Part 279). Enumerates exceptions from and additions to the federal regulation including different standards for containers used to store used oil; additional permit requirements for mixing of hazardous waste and used oil; and a general prohibition against used oil management actions that endanger the public health or welfare of the environment, among other additional general used oil management prohibitions. Further establishes requirements with reference to 40 CFR Part 279 for generators, collection centers, transporter and transfer facilities, processors and re-refiners, burners of off-specification used oil for energy recovery, marketers of used oil fuel, spills, polychlorinated biphenyls (PCBs), suspension or revocation of registration, and soil remediation. 4/6/1996

Last amended 2/21/2013.

7

Secondary Containment Requirements for Underground Storage Tank Systems Located Over Certain Aquifers

30 Tex. Admin. Code 214

Hazardous Waste Management and Disposal

Establishes requirements for underground storage tank systems located over certain aquifers to protect and maintain the quality of groundwater resources in the state from environmental contamination that could result from releases of harmful substances stored in such tanks. 6/12/2002

Last amended 6/12/2002.

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8

Toxic Pollutant Effluent Standards and Prohibitions

30 Tex. Admin. Code 314

Hazardous Substances Management

Adopts by reference the federal Toxic Pollutant Effluent Standards and Prohibitions (40 CFR Part 129, Subpart A). 10/8/1990

Last amended 10/8/1990.

9

Hazard Communication Act

6 Tex. Admin. Code 502

Hazardous Substances Management

Requires employers to provide information regarding hazardous chemicals in the workplace to employees who may be exposed. 9/1/1993 Last amended 9/1/1993.

10

General Permits for Waste Dischargers

30 Tex. Admin. Code 205

Hazardous Waste Management and Disposal

Empowers the Texas Commission on Environmental Quality to issue general permits to authorize the discharge of waste into or adjacent to water by category (instead of by facility). The Commission may issue permits if it finds that the discharges are storm water, or the dischargers engage in the same type of operations, discharge the same types of waste, are subject to the same effluent limitations or operating conditions, are subject to the same monitoring requirements, and are more appropriately regulated under a general permit than individual permits. 6/21/1998

Last amended 8/15/2002.

11

Sludge Use, Disposal, and Transportation

30 Tex. Admin. Code 312

Hazardous Waste Management and Disposal

Establishes standards for persons collecting, generating, and/or transporting sewage sludge, water treatment sludge, domestic septic sludge, chemical toilet waste, grit trap waste, or grease trap waste. Standards relate to surface disposal, pathogen and vector attraction reduction, sludge incineration, disposal of water treatment sludge, and transportation and temporary storage. 8/19/1993 Last amended 2/2/2014.

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12

Industrial Solid Waste and Municipal Hazardous Waste in General

30 Tex. Admin. Code 335 Subchapter A

Hazardous Waste Management and Disposal

Standards applicable to solid waste, including hazardous waste, resulting from or incidental to any process of industry, manufacturing, mining, or agricultural operation, and to municipal hazardous waste. Sets for rules relating to notification, recordkeeping, closure and remediation, classification of solid waste, recycling of hazardous waste, and financial assurance, among other categories. 5/28/1986 Last amended 1/8/2015.

13

Hazardous Waste Management General Provisions

30 Tex. Admin. Code 335 Subchapter B

Hazardous Waste Management and Disposal

Requires a Texas Natural Resource Conservation Commission permit for storing, processing, or disposing of hazardous waste. Sets forth application procedures and other requirements for obtaining permits. 9/1/1986

Last amended 11/15/2001.

14

Standards Applicable to Generators of Hazardous Waste

30 Tex. Admin. Code 335 Subchapter C

Hazardous Waste Management and Disposal

Sets forth standards applicable to generators of hazardous waste, including importers of hazardous waste. Establishes requirements for packaging, labeling, marking, and placarding of hazardous waste; recordkeeping, reporting at hazardous waste generation facilities; and rules relating to accumulation time and EPA Identification Numbers. Further includes rules specific to generators of between 100 and 1,000 kg per month, interstate shipments, farmers, small quantity generators, and academic entities. 5/28/1996

Last amended 2/21/2013.

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15

Standards Applicable to Transporters of Hazardous Waste

30 Tex. Admin. Code 335 Subchapter D

Hazardous Waste Management and Disposal

This subchapter establishes standards for transporters transporting hazardous waste to off-site storage, processing, or disposal facilities. Sets forth rules relating to EPA Identification Numbers, hazardous waste discharges, and transfer facilities. 5/28/1986

Last amended 11/15/2001.

16

Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

30 Tex. Admin. Code 335 Subchapter E-F

Hazardous Waste Management and Disposal

Establishes interim standards (Subchapter E) and permitting standards (Subchapter F) for owners and operators of hazardous waste treatment, storage, or disposal facilities. Permitting rules define the minimum acceptable standards for management of hazardous waste, including reporting, monitoring, design and operating requirements, used to determine hazardous waste management permit eligibility. Interim standards stablish minimum requirements that define the acceptable management of hazardous waste prior to the issuance or denial of a hazardous waste permit and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled. 5/28/1987

Last amended 2/21/2013.

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17

Standards for the Management of Specific Wastes and Specific Types of Facilities

30 Tex. Admin. Code 335 Subchapter H

Hazardous Waste Management and Disposal

Creates a Universal Waste Rule, which adopts by references the federal Standards for Universal Waste Management (40 CFR Part 273) and includes additional standards for management of paint and paint-related waste. Further sets forth specific standards for recyclable materials used in a manner constituting disposal, hazardous waste burned for energy recovery, recyclable materials utilized for precious metal recovery, reclaimed spent lead-acid batteries, and military munitions. 5/28/1986

Universal Waste Rule sections of this regulation effective 7/16/1997.

18 Prohibition on Open Dumps

30 Tex. Admin. Code 335 Subchapter I

Hazardous Waste Management and Disposal

Prohibits open dumping of industrial solid waste, including hazardous waste. Adopts by reference the federal Criteria for Classification of Solid Waste Disposal Facilities and Practices (40 CFR Part 257). 5/28/1986

Last amended 11/15/2001.

19

Hazardous Waste Generation, Facility and Disposal Fee System

30 Tex. Admin. Code 335 Subchapter J

Hazardous Waste Management and Disposal

Establishes an industrial solid waste and hazardous waste fee program. 10/31/1985

Last amended 11/15/2001.

20 Land Disposal Restrictions

30 Tex. Admin. Code 335 Subchapter O

Hazardous Waste Management and Disposal

Identifies hazardous wastes that are restricted from land disposal by adopting by reference the federal Land Disposal Restrictions (40 CFR Part 268), as amended through June 13, 2011 (76 FR 34147). 11/23/1993 Last amended 1/8/2015.

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21

Warning Signs and Contaminated Areas

30 Tex. Admin. Code 335 Subchapter P

Hazardous Waste Management and Disposal

Creates standards and procedures for the placement of warning signs on property contaminated with hazardous substances when such contamination presents a danger to public health and safety. 10/31/1990

22 Waste Classification

30 Tex. Admin. Code 335 Subchapter R

Hazardous Waste Management and Disposal

Requires persons who generate industrial solid waste or municipal hazardous waste to classify their own waste according to the standards set forth in this chapter. Further provides a procedure for implementation of the Texas waste notification system. 11/27/1992

Last amended 11/15/2001.

23

Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standard Permit

30 Tex. Admin. Code 335 Subchapter U

Hazardous Waste Management and Disposal

Adopts by reference the federal Standards for Owners and Operators of Hazardous Waste Facilities Operating Under a Standardized Permits in order to establish minimum standards which define the acceptable management of hazardous waste under a standard permit. 10/29/2009

Last amended 6/16/2016.

24

Standards for Reclamation of Hazardous Secondary Materials

30 Tex. Admin. Code 335 Subchapter V

Hazardous Waste Management and Disposal

Establishes minimum standards for the management of hazardous secondary materials excluded under the federal Identification and Listing of Hazardous Waste (40 CFR Part 261) requirements §261.4(a) (23), (24), and (27). Standards include requirements relating to financial assurance, submittal of cost estimates for disposal of hazardous secondary material, release from these requirements. 6/16/2016

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25

Location Standards for Hazardous Waste Storage, Processing, or Disposal

30 Tex. Admin. Code 335, Subchapter G

Hazardous Waste Management and Disposal

Establishes minimum standards for the location of facilities used for the storage, processing, and disposal of hazardous waste. These standards are to be applied in the evaluation of an application for a permit to manage hazardous waste. This subchapter generally applies to permit applications for new hazardous waste management facilities and areal expansions of existing hazardous waste management facilities filed on or after September 1, 1984. 5/28/1986

Last amended 11/15/2001.

26 Water Quality Fees

30 Tex. Admin. Code 21

Water Pollution

Establishes annual fee to be assessed against wastewater permit holders authorized to treat or discharge wastewater into or adjacent to the waters of the state, and against each person holding a right to impound, divert, or use state water. 10/6/2002

Last amended 10/6/2002.

27

Texas Surface Water Quality Standards

30 Tex. Admin. Code 307

Water Pollution

Establishes surface water quality standards including general criteria applicable to all surface waters of the state, criteria and control procedures for specific toxic substances and total toxicity, appropriate water uses, and site-specific standards. 7/10/1991 Last amended 3/1/2018.

28

Pretreatment Regulations for Existing and New Sources of Pollution

30 Tex. Admin. Code 315

Water Pollution

Adopts by reference the federal General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR Part 403). 10/8/1990

June 2019

294

Table M. Wisconsin: State Environmental Regulations Relevant to Fossil Fuel Electric Power Generation Facilities

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1 Ambient Air Quality

Wis. Admin. Code NR 404 Air Pollution

The air standards of this chapter apply to the entire state without exception. The ambient air increments of this chapter apply to all attainment areas of the state. This chapter is adopted under ss. 285.11, 285.13 and 285.21, Stats., to establish geographic air regions, air standards and ambient air increments, to specify the methods to be used to measure air quality and to interpret air quality data and to establish guidelines for the application of air standards. Covers interstate Air Quality Control and ambient air quality standards for sulfur oxides and nitrogen oxides. 10/1/1986

Last amended Register 12/1996.

June 2019

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2

Acid Rain Portion of Operations Permits

Wis. Admin. Code NR 409 Air Pollution

Establishes certain general provisions and the acid rain portion of the operation permit program requirements for affected sources and affected units under the acid rain program, pursuant to title IV of the clean air act (42 USC 7651 to 7651o), 40 CFR part 72 and s. 285.65 (12), Stats. The regulations under this chapter set forth certain generally applicable provisions under the acid rain program. The regulations also set forth requirements for obtaining and revising the acid rain portion of an operation permit issued by the department. The requirements under this chapter supplement, and in some cases modify, the requirements under chs. NR 406 and 407 as such requirements apply to affected sources under the acid rain program 10/1/1986

Last amended Register 11/1999.

3 Control of Visible Emissions

Wis. Admin. Code NR 431 Air Pollution

Establishes emission limitations of visible air emissions for all air contaminant sources. 10/1/1986 Last amended 6/1/1992.

June 2019

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4

Allocation of Clean Air Interstate Rule Nox Allowances

Wis. Admin. Code NR 432 Air Pollution

Allocates the NOx allowances for the CAIR NO x annual trading program and the CAIR NOx ozone season trading program. The purpose of this chapter is to implement only those parts of the CAIR NOx annual trading program and the CAIR NO x ozone season trading program that is administered by the EPA under the federal implementation plan for the CAIR relating to the allocation of CAIR NOx allowances found in 40 CFR part 97, Subparts EE and EEEE. 8/1/2007

5

Protection of Visibility of Best Available Retrofit Technology

Wis. Admin. Code NR 433 Air Pollution

Establishes procedures for controlling emissions from a range of sources constructed between August 1962 and August 1977 which “may reasonably be anticipated to cause or contribute to any visibility impairment in any mandatory class I federal area.” Department of Natural Resources makes emissions limitations and Best Available Retrofit Technology determination for each eligible source on a case-by-case basis, and available technology, costs of compliance, energy and non-air quality environmental impacts, the remaining useful life of the source, and the improvement in visibility that will result. 7/1/2008

Last amended 12/1/2010.

June 2019

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6

Voluntary Emissions Reduction Registry

Wis. Admin. Code NR 437 Air Pollution

Establishes a system through which persons can register emission reductions or avoided emissions of greenhouse gases, air contaminants, or carbon sequestration, to ensure that efforts undertaken by persons in Wisconsin are publicly recognized. Department of Natural Resources considers information recorded in the registry when determining baselines and reduction requirements under future emission reduction programs. 11/1/2002 Last amended 6/1/1990.

7

Air Contaminant Emission Inventory Reporting Requirements

Wis. Admin. Code NR 438 Air Pollution

Establishes requirements for all air contaminant sources to submit emission inventory reports for particulate matter, sulfur dioxide, nitrogen oxides, carbon monoxide, and volatile organic compounds. 6/1/1993

Last amended 11/1/1999.

8

Reporting, Recordkeeping, Testing, Inspection and Determination of Compliance Requirements

Wis. Admin. Code NR 439 Air Pollution

Establishes reporting, recordkeeping, testing, inspection, and compliance requirements for contaminant sources in addition to National Emissions Standards for Hazardous Air Pollutants. 10/1/1986 Last amended 4/1/1997.

June 2019

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9

Standards of Performance for New Stationary Sources

Wis. Admin. Code NR 440 Air Pollution

This chapter is adopted to enable the department to implement and enforce standards of performance for new stationary sources promulgated by the United States environmental protection agency under section 111 of the federal clean air act, (42 USC 7411) as required by s. 285.27 (1), Stats. Covers recordkeeping, monitoring, reconstruction, performance tests, steam generating units, incinerators, and more. 2/1/1984 Last amended 6/1/2008.

10

Control of Hazardous Pollutants

Wis. Admin. Code NR 445 Air Pollution

Establishes emission thresholds, standards, control requirements, and compliance requirements for stationary air contaminant sources, including both standards and source categories not covered by the National Emissions Standards for Hazardous Air Pollutants. For example, establishes standards for handling and storage of coal and compression ignition internal combustion engines combusting fuel oil, and notification requirements for hazardous air spills. 10/1/1986 Last amended 7/1/2004.

11

Control of Mercury Emissions

Wis. Admin. Code NR 446 Air Pollution

Establishes state-level baseline mercury emissions and reporting standards for major utilities, as well as mercury emission limits for new and modified, small and large coal-fired electric generating units. 10/1/1986

Last amended 10/1/2004.

June 2019

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12

Control of Beryllium Emissions

Wis. Admin. Code NR 448 Air Pollution

This chapter applies to all air contaminant sources which may emit beryllium and to their owners and operators. This chapter is adopted under ss. 285.11, 285.13, 285.17 and 285.27, Stats., to establish emission limitations and stack sampling and testing procedures for beryllium emissions from air contaminant sources in order to protect air quality. 10/1/1986

Last amended 10/17/2000.

13

Control of Vinyl Chloride Emissions

Wis. Admin. Code NR 449 Air Pollution

This chapter applies to plants which produce ethylene dichloride by reaction of oxygen and hydrogen chloride with ethylene, vinyl chloride by any process, one or more polymers containing any fraction of polymerized vinyl chloride and any combination of these products and to all owners and operators of these plants. This chapter is adopted under ss. 285.11, 285.13, 285.17 and 285.27, Stats., to establish emission limitations and sampling and testing procedures for vinyl chloride air contaminant sources and to create additional monitoring, reporting and recordkeeping requirements for owners or operators of a vinyl chloride air contaminant source in order to protect air quality. 10/1/1986 Last amended 6/1/1992.

June 2019

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14

Emissions Standards for Hazardous Air Pollutants for Source Categories

Wis. Admin. Code NR 460 Air Pollution

Enables the department to implement and enforce standards for stationary sources promulgated by EPA under section 112 of the act (42 USC 7412), as required by ss. 285.27 (2) and 285.65, Stats. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to establish general provisions for notification, recordkeeping, monitoring and reporting requirements for sources of hazardous air contaminants. 4/1/1997 Last amended 4/1/2002.

15

Hazardous Substances Discharge Notification and Source Confirmation Requirements

Wis. Admin. Code NR 706

Emergency Planning and Response

The purpose of this chapter is to adopt by administrative rule notification requirements for discharges of hazardous substances. This chapter is adopted pursuant to ss. 227.11 (2) and 292.11, Stats. Includes additional responsibilities for owners or operators of underground storage tank systems 3/1/1997

Last amended 11/1/2013.

16

Toxic Chemical Inventory Reports by Private and Public Agencies

Wis. Admin. Code WEM 3

Emergency Planning and Response

The purpose of this chapter is to define reporting requirements for submission of toxic chemical inventory reports by private agencies and public agencies as required by s. 323.60 (5) (d) to (f), Stats. Covers chemical release reporting, threshold amount, exemptions and trade secrets 12/1/1991

Last amended Register 2/2010.

June 2019

301

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17

Standards for Managing Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

Wis. Admin. Code NR 666

Hazardous Substances Management

This subchapter applies to recyclable materials that are applied to or placed on the land in one of the following ways: Without mixing with any other substance; after mixing or combination with any other substance or substances. These materials will be referred to throughout this subchapter as “materials used in a manner that constitutes disposal". Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently regulated if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if the products meet the applicable treatment standards in subch. D of ch. NR 668 (or applicable prohibition levels in s. NR 668.32, where no treatment standards have been established) for each recyclable material (i.e., hazardous waste) that they contain. 8/1/2006

June 2019

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18

Hazardous Waste Licensing and Decision-Making Procedures

Wis. Admin. Code NR 670

Hazardous Substances Management

Overview of the hazardous waste license program. Not later than 90 days after the promulgation or revision of rules in ch. NR 661, identifying and listing hazardous wastes, generators, and transporters of hazardous waste, and owners or operators of hazardous waste treatment, storage, or disposal facilities may be required to file a notification of that activity under s. NR 660.07. Treatment, storage, or disposal of hazardous waste by any person who has not applied for and received a hazardous waste license is prohibited. A license application consists of two parts, part A (see s. NR 670.013) and a feasibility and plan of operation report (see s. NR 670.014 and applicable sections in ss. NR 670.015 to 670.029). Treatment and storage facilities (TSDs) that are otherwise subject to licensing under ch. 291, Stats., and meet the criteria in pars. (a) or (b) may be eligible for a standardized license under subch. J of ch. NR 667. For existing HWM facilities, the requirements to submit a license application is satisfied by submitting only part A until the date the department sets for submitting the feasibility and plan of operation report. 8/1/2006 Last amended 8/1/2017.

June 2019

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19

Used Oil Management Standards

Wis. Admin. Code NR 679

Hazardous Substances Management

This section identifies those materials which are regulated as used oil under this chapter. This section also identifies some materials that are not regulated as used oil under this chapter and indicates whether these materials may be regulated as hazardous waste under chs. NR 660 to 670. The department presumes that used oil is to be recycled unless a used oil handler disposes of used oil or sends used oil for disposal. Except as provided in s. NR 679.11, this chapter applies to used oil, and to materials identified in this section as being regulated as used oil, whether or not the used oil or material exhibits any hazardous waste characteristics identified in subch. C of ch. NR 661. Covers generators, collection centers, transporters and transfer facilities, processors and re-refiners, burners, marketers, and disposal of used oil. 8/1/2006

Last amended Register 10/2013.

June 2019

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20

Land Treatment of Industrial Liquid Wastes, By-Product Solids and Sludges

Wis. Admin. Code NR 214

Hazardous Waste Management and Disposal

The purpose of this chapter is to protect public health and welfare by restoring, maintaining and protecting the physical, chemical and biological integrity of the groundwater and all uses of state waters in accordance with ch. NR 140, and chs. 160 and 283, Stats.; to establish design and construction criteria for all land treatment systems that receive industrial wastes and require department approval of plans and specifications under ch. NR 108 and s. 281.41, Stats.; and to establish discharge limitations, monitoring requirements and operating standards for all industrial land treatment systems which require a permit under ch. 283, Stats. Under s. 283.31, Stats., a permit is required for the lawful discharge of any pollutant into the waters of the state, which include groundwater by the definition in s. 283.01 (20), Stats. 7/1/1990

Last amended Register 12/2014.

21

Hazardous Waste Identification and Listing

Wis. Admin. Code NR 661

Hazardous Waste Management and Disposal

This chapter identifies those solid wastes which are subject to regulation as hazardous wastes under chs. NR 662 to 665, 668 and 670 and which are subject to the notification requirements of s. NR 660.07. 8/1/2006

22

Hazardous Waste Generator Standards

Wis. Admin. Code NR 662

Hazardous Waste Management and Disposal

Applicable to generators of hazardous waste and covers manifest, pre-transport, recordkeeping and reporting, exports and imports, farmers, and more. 8/1/2006

Last amended Register 7/2017.

June 2019

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23

Hazardous Waste Transporter Standards

Wis. Admin. Code NR 663

Hazardous Waste Management and Disposal

This chapter establishes standards which apply to persons transporting hazardous waste within Wisconsin if the transportation requires a manifest under ch. NR 662 or subch. HH of ch. NR 666. This chapter does not apply to on-site transportation of hazardous waste by generators or by owners or operators of licensed hazardous waste management facilities. 8/1/2006 Last amended 8/1/2017.

24

Hazardous Waste Treatment, Storage and Disposal Facility Standards

Wis. Admin. Code NR 664

Hazardous Waste Management and Disposal

Covers Preparedness and Prevention, Contingency Plan and Emergency Procedures, Manifest System, Recordkeeping and Reporting, Releases From Solid Waste Management Units, Closure and Long-Term Care, Financial Requirements, Containers, Tank Systems, Surface Impoundments, Waste Piles, Land Treatment, Landfills, Incinerators, Special Provisions for Cleanup, Drip Pads, Miscellaneous Units, Air Emission Standards for Process Vents, Air Emission Standards for Equipment Leaks, Air Emission Standards for Tanks, Surface Impoundments and Containers, Containment Buildings, and Hazardous Waste Munitions and Explosives Storage. 8/1/2006 Last amended 8/1/2017.

June 2019

306

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25

Interim License hazardous Waste Treatment Storage and Disposal Facility Standards

Wis. Admin. Code NR 665

Hazardous Waste Management and Disposal

The purpose of this chapter is to establish minimum state standards that define the acceptable management of hazardous waste during the period of the interim license and until certification of final closure or, if the facility is subject to long-term care requirements, until long-term care responsibilities are fulfilled. Except as provided in s. NR 665.1080 (2), the standards of this chapter, and of ss. NR 664.0552, 664.0553 and 664.0554, apply to owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the interim license requirements of s. 291.25 (4), Stats., and s. NR 670.010 until either an operating license is issued under s. 291.25, Stats., or until applicable closure and long-term care responsibilities under this chapter are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by s. 291.05 (1), Stats., and s. NR 660.07 or failed to file part A of the EPA hazardous waste permit application as required by s. NR 670.010 (5) and (7). These standards apply to all treatment, storage and disposal of hazardous waste at these facilities after August 1, 2006, except as specifically provided otherwise in this chapter or ch. NR 661 and s. NR 662.220. 8/1/2006 Last amended 8/1/2017.

June 2019

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26

Standards for Owners and Operators of Hazardous Waste Facilities Operating Under A Standardized License

Wis. Admin. Code NR 667

Hazardous Waste Management and Disposal

(1) The purpose of this chapter is to establish minimum standards which define the acceptable management of hazardous waste under a subch. J of ch. NR 670 standardized license. (2) This chapter applies to owners and operators of facilities who treat or store hazardous waste under a subch. J of ch. NR 670 standardized license, except as provided otherwise in subch. A of ch. NR 661, or s. NR 664.0001 (7). 8/1/2017

27

Hazardous Waste Land Disposal Restrictions

Wis. Admin. Code NR 668

Hazardous Waste Management and Disposal

This chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed. 8/1/2006 Last amended 8/1/2017.

28

Universal Waste Management Standards

Wis. Admin. Code NR 673

Hazardous Waste Management and Disposal

This chapter establishes requirements for managing all of the following: (a) Batteries as described in s. NR 673.02. (b) Pesticides as described in s. NR 673.03. (c) Thermostats and mercury-containing equipment as described in s. NR 673.04. (d) Lamps as described in s. NR 673.05. This chapter provides an alternative set of management standards in lieu of regulation under chs. NR 660 to 670. 8/1/2006 Last amended 8/1/2017.

June 2019

308

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29

Water Quality Standards for Wisconsin Surface Waters

Wis. Admin. Code NR 102

Water Pollution

The purpose of this chapter is to establish, in conjunction with chs. NR 103 to 105, water quality standards for surface waters of the state pursuant to s. 281.15, Stats. This chapter describes the designated use categories for such waters and the water quality criteria necessary to support these uses. This chapter and chs. NR 103 to 105 constitute the water quality standards for the surface waters of Wisconsin. Water quality standards shall protect the public interest, which includes the protection of public health and welfare and the present and prospective uses of all waters of the state for public and private water supplies, propagation of fish and other aquatic life and wild and domestic animals, domestic and recreational purposes, and agricultural, commercial, industrial, and other legitimate uses. Water quality standards serve as a basis for developing and implementing control strategies to achieve legislative policies and goals. Water quality standards are the basis for deriving water quality based effluent limitations and the limitations shall be determined to attain and maintain uses and criteria, unless more stringent effluent limitations are established to protect downstream waters. Water quality standards also serve as a basis for decisions in other regulatory, permitting or funding activities that impact water quality. 3/1/1989

Last amended 10/1/2010.

June 2019

309

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30

Surface Water Quality Criteria and Secondary Values for Tox Substances

Wis. Admin. Code NR 105

Water Pollution

The purpose of this chapter is to establish water quality criteria, and methods for developing criteria and secondary values for toxic substances to protect public health and welfare, the present and prospective use of all surface waters for public and private water supplies, and the propagation of fish and aquatic life and wildlife. This chapter also establishes how bioaccumulation factors used in deriving water quality criteria and secondary values for toxic and organoleptic substances shall be determined. Water quality criteria are a component of surface water quality standards. This chapter and chs. NR 102 to 104 constitute quality standards for the surface waters of Wisconsin. The provisions of this chapter are applicable to surface waters of Wisconsin as specified in chs. NR 102 to 104 and in this chapter. 3/1/1989 Last amended 9/1/1997.

June 2019

310

Wisconsin Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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31

Procedures for Calculating Water Quality Based on Effluent Limitations for Point Source Discharges to Surface Water

Wis. Admin. Code NR 106

Water Pollution

One purpose of this chapter is to specify how the department will calculate water quality based effluent limitations under s. 283.13 (5), Stats., for toxic and organoleptic substances and whole effluent toxicity. The other purpose of this chapter is to specify how the department will decide if and how these limitations will be included in Wisconsin pollution discharge elimination system (WPDES) permits. Water quality based effluent limitations for toxic and organoleptic substances are needed to assure attainment and maintenance of surface water quality standards as established in accordance with s. 281.15 (1), Stats., and as set forth in chs. NR 102 to 105. The provisions of this chapter are applicable to point sources which discharge wastewater containing toxic or organoleptic substances to surface waters of the state. 3/1/1989

Last amended Register 10/2002.

June 2019

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32 Groundwater Quality

Wis. Admin. Code NR 140

Water Pollution

The purpose of this chapter is to establish groundwater quality standards for substances detected in or having a reasonable probability of entering the groundwater resources of the state; to specify scientifically valid procedures for determining if a numerical standard has been attained or exceeded; to specify procedures for establishing points of standards application, and for evaluating groundwater monitoring data; to establish ranges of responses the department may require if a groundwater standard is attained or exceeded; and to provide for exemptions for facilities, practices and activities regulated by the department 10/1/1985

June 2019

312

Wisconsin Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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33

Application for Discharge Permits and Water Quality Standards Variances

Wis. Admin. Code NR 200

Water Pollution

Sets forth the requirements for filing applications for the discharge permits required by s. 283.31, Stats., to prescribe the form of such applications pursuant to s. 283.37, Stats., and to specify the number of business days within which the department will publish a public notice indicating its intended action on a Wisconsin pollutant discharge elimination system permit application or request for modification pursuant to s. 227.116, Stats. Section 283.31, Stats., requires a permit for the lawful discharge of any pollutant into the waters of the state, which include groundwaters by the definition in s. 283.01 (13), Stats. The federal water pollution control act of 1977, P.L. 95-217; 33 USC 466 et seq., requires a permit for the lawful discharge of any pollutant into navigable waters. Therefore, in Wisconsin, permits are required for discharges from point sources to surface waters of the state and additionally to land areas where pollutants may percolate, seep to, or be leached to groundwaters. This includes the land application of sludge. 6/1/1985

Last amended 12/1/1999.

June 2019

313

Wisconsin Environmental Regulations Applicable to Fossil Fuel Electric Power Generation Facilities

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34

Wisconsin Pollutant Discharge Elimination System Report of Industrial Waste Contribution to Municipal or Domestic Treatment Systems

Wis. Admin. Code NR 202

Water Pollution

Persons who discharge pollutants into publicly or privately owned treatment works and who are subject to s. 299.15, Stats., and rules promulgated thereunder in ch. NR 101, shall submit to the owner or operator of such works a report describing present discharges to such works and maximum discharge to such works based on a reasonably foreseeable projection of production increases, process modifications, or facility expansion during the next 5 years, in accordance with s. 283.37 (4), Stats. Submit a description of each major industrial facility discharging to the treatment system, using a separate Section IV for each facility description. Indicate the 4-digit Standard Industrial Classification (SIC) Code for the industry, the major product or raw material, the flow (in thousand gallons per day), and the characteristics of the wastewater discharged from the industrial facility into the treatment system. Consult Table III for standard measures of products or raw materials. 2/1/1974

Last amended Register 11/1996.

June 2019

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35

General Pretreatment Requirements

Wis. Admin. Code NR 211

Water Pollution

Establishes under s. 283.21 (2), Stats., the responsibilities of industrial users and of publicly owned treatment works in preventing the discharge into publicly owned treatment works of pollutants which will interfere with the operation of the POTW, will pass through the POTW insufficiently treated, or which will impair the use or disposal of POTW sludge. The provisions of this chapter apply to industrial users and to publicly owned treatment works which receive or may receive wastewater from such industrial users. 8/1/1983 Last amended 2/1/2014.

36 Coal Mining Wis. Admin. Code NR 268

Water Pollution

Establishes effluent limitations, standards of performance, and pretreatment standards for discharges of process wastes from the coal mining category of point sources and subcategories thereof. The effluent limitations, standards of performance, pretreatment standards, and other provisions in this chapter are applicable to pollutants or pollutant properties in discharges of process waste resulting from activities in any or a combination of the following subcategories. (1) Coal preparation plant. (2) Coal preparation plant ancillary area. (3) Acid or ferruginous mine drainage. (4) Alkaline mine drainage. 7/1/1977

June 2019

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37 Water Quality Certification

Wis. Admin. Code NR 299

Water Pollution

This chapter is promulgated under ss. 227.11 (2) (a), 281.11, 281.12 (1) and 283.001, Stats., to establish procedures and criteria for the application, processing and review of state water quality certifications required by the provisions of the federal water pollution control act, 33 USC 1251 et seq. It is the policy of the department to review, consistent with the requirements of section 1341 of the federal water pollution control act, 33 USC 1251, et seq., all activities which require a federal license or permit which may result in any discharge to waters of the state. 6/1/1981

Last amended 11/1/1990.

June 2019

316

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38

Miscellaneous Structures in Navigable Waterways

Wis. Admin. Code NR 329

Water Pollution

Establishes reasonable procedures and limitations for exempt activities, general permits and individual permits for structures placed in navigable waterways as regulated under s. 30.12 (1g), (1p), (3) (a), (d), and (3m), Stats., in order to protect the public rights and interest in the navigable, public waters of the state as defined in s. 30.10, Stats. This chapter applies to construction, placement and maintenance of boat landings, dry fire hydrants, fords, intake and outfall structures, pilings, pea gravel blankets and weed rakes regulated under ss. 30.12 (1g) (a), (g), (h) and (km), (3) (a) 1., 4., 5., (d), and (3m), and 30.20 (1g) (b) 2., Stats., and to all other structures constructed, placed or maintained in navigable waterways unless regulated under another chapter. Any person who intends to construct, place or maintain a structure in any navigable waterway shall comply with all applicable provisions of this chapter and any permit issued under this chapter. 5/1/2005 Last amended 1/1/2006.

June 2019

317

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39

Sludge handling, storage and disposal

Wis. Admin. Code NR NR 110.26

Water Pollution

Design of sludge handling facilities shall consider such factors as the volume of sludge generated, its percent solids and character, the degree of volatile solids reduction, sludge temperature, the degree or extent of mixing to be obtained, the sludge percent solids and characteristics after processing and the size of the installation with appropriate allowances for sludge and supernatant storage and energy requirements whenever such factors are appropriate for the design of the sludge processing facilities. 12/1/1974

Last amended Register 1/2012.

June 2019

318

APPENDIX IV. INDUSTRY VOLUNTARY PROGRAMS

The following table summarizes the industry voluntary programs relevant to the fossil fuel electric power generation facilities. EPA does not expect that it presents a comprehensive summary of the voluntary programs relevant to facilities in the electric power generation, transmission, and distribution industry. Rather, this report attempts to describe the kinds of voluntary programs available to facilities for further improving their environmental performance.

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Table A. Industry Voluntary Programs Relevant to Fossil Fuel Electric Power Generation Facilities

Industry Voluntary Programs Applicable to Fossil Fuel Electric Power Generation Facilities Row Program Overview

1

Center for Corporate Climate Leadership

The U.S. EPA's Climate Protection Partnerships Division is committed to reducing greenhouse gases (GHGs) through cost-effective partnerships to advance clean energy and energy efficiency across the U.S. economy. As part of this commitment, The EPA's Center for Corporate Climate Leadership ("The Center") was launched in 2012 to establish norms of climate leadership by encouraging organizations with emerging climate objectives to identify and achieve cost-effective GHG emission reductions, while helping more advanced organizations drive innovations in reducing their greenhouse gas impacts in their supply chains and beyond. The Center serves as a comprehensive resource to help organizations of all sizes measure and manage GHG emissions, providing technical tools, ground-tested guidance, educational resources, and opportunities for information sharing and peer exchange among organizations interested in reducing the environmental impacts associated with climate change.

2

Coal Combustion Products Partnership (C2P2)

The Coal Combustion Products Partnership (C2P2) was cooperative effort between EPA and the American Coal Ash Association (ACAA), Utility Solid Waste Activities Group (USWAG), Department of Energy (DOE), Federal Highway Administration (FHWA), and the Unites States Department of Agriculture (USDA) to promote the beneficial use of coal combustion products (CCPs) and the environmental benefits that result from their use. Through the C2P2 program, EPA works with federal and state governments and industry organizations to address legal, institutional, economic, market, informational, and other barriers to the beneficial use of CCPs. Specifically, C2P2 aims for the following goals: • Reduce adverse effects on air and land by increasing the use of coal combustion products to 50 percent in 2011 from 32 percent in 2001. • Increase the use of CCPs as a supplementary cementitious material (SCM) in concrete by 50 percent, from 12.4 million tons in 2001 to 18.6 million tons in 2011, thereby decreasing greenhouse gas emissions from avoided cement manufacturing by approximately 5 million tons. The C2P2 program aims to accomplish these goals by working with C2P2 Partners, supporting research and technical assistance activities, and conducting outreach and education. The C2P2 program was halted in 2010, in part because EPA had promoted some uses of coal ash, such as filler in road embankments, that presented environmental risks that EPA had not evaluated.

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Industry Voluntary Programs Applicable to Fossil Fuel Electric Power Generation Facilities Row Program Overview

3

Combined Heat and Power (CHP) Partnership

The U.S. Environmental Protection Agency (EPA) established the Combined Heat and Power (CHP) Partnership as a voluntary program that promotes efficient CHP technologies across the United States. The Partnership works closely with energy users, the CHP industry, state and local governments, and other clean energy stakeholders to facilitate the development of new projects and to promote their environmental and economic benefits. CHP features include: • CHP project qualification tools to determine whether CHP is worth considering at a particular facility. • The CHP Emissions Calculator, which compares the anticipated CH4, CO2, CO2e, SO2, N2O, and NOX emissions from a CHP system to the emissions from a SHP system.

4

EIA Voluntary Reporting of Greenhouse Gases Program

The EIA Program, required by Section 1605(b) of the Energy Policy Act of 1992, provides an opportunity for any interested party to record and highlight specific achievements related to its historic and current greenhouse gas emissions, emission reductions, and carbon sequestration. While reporting entities could report entity-wide emissions and emission reductions, the focus of the original program was on actions or projects that reduce emissions of greenhouse gases or increase carbon sequestration. On February 14, 2002, President Bush announced the Administration’s Global Climate Change Initiative which included a framework for improving the program to enhance measurement accuracy, reliability, and verifiability. The guidelines for the Program were revised through an extensive interagency and multiyear public review process that included workshops, meetings, and other opportunities for stakeholders to provide oral and written comments. The new version of Form EIA-1605, developed by EIA for reporting under the revised guidelines, was approved in July 2007 by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. Reporting on the new form was delayed until November 2009, to allow for the development of an internet-based electronic version of the revised form.

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5

Global Environmental Management Initiative Total Quality Environmental Management Program

Following the success of EPA's 33/50 Program (which ended in 1996), the Global Environmental Management Initiative - a coalition of companies founded in 1990 - created Total Quality Environmental Management (TQEM). TQEM is a method that companies can employ to address corporate environmental performance with a comprehensive management approach. TQEM has four elements: 1) identification of the customer base that seeks improved environmental performance and the further identification of what environmental improvements they value; 2) the involvement of all employees in systematic efforts to continuously improve environmental performance; 3) the proactive elimination of environmental risks, rather than responding to environmental risks as they arise; 4) the integration of environmental management systems so that they support one another.

6

International Organization for Standardization (ISO) 14001 Environmental Management system

The International Organization for Standardization (ISO) 14000 family of standards provides tools for companies and organizations of all kinds looking to manage their environmental responsibilities. ISO 14001 and its supporting standards such as ISO 14006 focus on the development and implementation of the environmental systems necessary to achieve this. The standards are categorized into: leadership, planning, support, operation, performance evaluation, and improvement. The other standards in the family focus on specific approaches such as audits, communications, labelling and life cycle analysis, as well as environmental challenges such as climate change. The ISO 14000 family of standards are developed by the ISO Technical Committee ISO/TC 207 "Environmental Management" and its various subcommittees.

7

International Electrotechnical Commission (IEC) 61511

Worldwide organization for standardization to promote international cooperation on electrical and electronic fields. They publish standards, technical specifications and reports, guides, and other documents. They collaborate closely with the international organization for standardization. The process industry sector includes many types of manufacturing processes, such as refineries, petrochemical, chemical, pharmaceutical, pulp and paper, and power. IEC standard 61511 is a technical standard which sets out practices in the engineering of systems that ensure the safety of an industrial process through the use of instrumentation. Such systems are referred to as Safety Instrumented Systems.

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8 Ohio EPA Tox-Minus Program

Through the Ohio EPA's Tox-Minus Program, in 2005 the state agency identified 100 of the facilities that reported the greatest number of TRI emissions to waste, water, and air and asked those facilities to reduce their emissions over a five-year period, with 2007 as the baseline. Facilities could select both their pollution reduction goals and the methods they would use to achieve those goals. Facilities in the program submitted a pollution reduction plan and annual reports to Ohio EPA. Although Ohio EPA targeted the top 100 TRI reporters, the program was open to all facilities in the state.

9

OSHA Challenge Program

Through the federal OSHA Challenge Program, OSHA provides participating employers and workers an avenue to work with their designated Challenge Administrator entity to develop and/or improve their safety and health management program through mentoring, training and progress tracking. Challenge participants do not receive exemptions from OSHA programmed inspections.

10

OSHA Voluntary Protections Program (VPP)

The federal Voluntary Protection Programs (VPP) recognize employers and workers in the private industry and federal agencies who have implemented effective safety and health management systems and maintain injury and illness rates below national Bureau of Labor Statistics averages for their respective industries. In VPP, management, labor, and OSHA work cooperatively and proactively to prevent fatalities, injuries, and illnesses through a system focused on: hazard prevention and control; worksite analysis; training; and management commitment and worker involvement. To participate, employers must submit an application to OSHA and undergo a rigorous onsite evaluation by a team of safety and health professionals. Union support is required for applicants represented by a bargaining unit. VPP participants are re-evaluated every three to five years to remain in the programs. VPP participants are exempt from OSHA programmed inspections while they maintain their VPP status.

11

Red Wing Community Awareness and Emergency Response (CAER)

The Red Wing, Minnesota Community Awareness and Emergency Response (CAER) program provides and supports preparedness for public safety and environmental quality. Red Wing CAER membership is made up of private business, emergency response organizations and city and county governments. CAER holds regular meetings to help prepare and train for responses to an emergency release in the area. Classroom training sessions, scenarios, speakers and tabletop exercises are held with the goal of being prepared to help mitigate and reduce the risk to people, business and the environment. One of their goals is to help protect the Mississippi River system by encouraging the formation of other CAER groups.

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12

The American National Standards Institute (ANSI)

The American National Standards Institute (ANSI) empowers its members and constituents to strengthen the U.S. marketplace position in the global economy while helping to assure the safety and health of consumers and the protection of the environment. The Institute oversees the creation, promulgation and use of thousands of norms and guidelines that directly impact businesses in nearly every industry: from acoustical devices to construction equipment, from dairy and livestock production to energy distribution, and many more. ANSI is also actively engaged in accreditation - assessing the competence of organizations determining conformance to standards. Although ANSI itself does not develop American National Standards (ANSs), it provides all interested U.S. parties with a neutral venue to come together and work towards common agreements. The process to create these voluntary standards is guided by the Institute’s cardinal principles of consensus, due process and openness and depends heavily upon data gathering and compromises among a diverse range of stakeholders. The Institute ensures that access to the standards process, including an appeals mechanism, is made available to anyone directly or materially affected by a standard that is under development. Thousands of individuals, companies, government agencies and other organizations such as labor, industrial and consumer groups voluntarily contribute their knowledge, talents and efforts to standards development.

13

Voluntary Incentives Program (VIP) for Flue Gas Desulfurization (FGD) Wastewater Treatment

As part of the effluent limitations guidelines (ELGs) for the steam electric power generating industry, EPA established the Voluntary Incentives Program (VIP) that provides more time (until December 31, 2023) for plants that voluntarily opt to install additional process changes and controls to achieve best available demonstrated control technology (BADCT) limitations for mercury, arsenic, selenium, and total dissolved solids (TDS), based on evaporation technology. Such power plant discharges can cause increases in brominated disinfection byproducts (DBPs) in drinking water supplies. The Preamble states “it may be appropriate for permitting authorities to establish water quality-based effluent limitations on bromide, especially where steam electric power plants are located upstream from drinking water intakes." Plants located upstream of a drinking water intake with more stringent TDS limitations may opt to participate in the VIP to benefit from the time extension.