environmental and health and safety management a guide to compliance

ENVIRONMENTAL AND HEALTH & SAFETY MANAGEMENT A Guide to Compliance Nicholas P. Cheremisinoff, Ph.D. Madelyn L. Graffa National Association of Safety & Health Professionals NOYES PUBLICATIONS Park Ridge, New Jersey, U.S.A. Copyright 0 1995 by Nicholas P. Chermisinoff and Madelyn L Graffia No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording or by any informa- tion storage and retrieval system, without permission in writing from the Publisher. Library of Congress Catalog Card Number: 95-24875 Printed in the United States ISBN 0-8155-1390-9 Published in the United States of America by Noyes Publications Mill Road, Park Ridge, New Jersey 07656 10 9 8 7 6 5 4 3 2 1 Library of Congress Cataloging-in-Publication Data Cheremisinoff, Nicholas P. Ehvironmental and health & safety management : a guide to compliance / by Nicholas P. Cheremisinoff and Madelyn L. Cnaffia. p. an. Includes index. 1. Environmental law United States. 2 Industrial safety Law ISBN 0-8155-1390-9 and legislation United States. 3. Industrial hygiene-law and legislation United States. I. Graffia, Madelyn, 1962- II. Title KF3775C47 1995 344.73'046 &20 [347.30446] 95-24875 CIP To the best of our knowledge the information in this pub- lication is accurate; however, the Publisher does not assume any responsibility or liability for the accuracy or completeness of, or consequences arising from, such information. This book is intended for informational purposes only. Mention of trade names or commercial products does not constitute endorsement or recommendation for use by the Publisher. Final determ- ination of the suitability of any information or product for use contemplated by any user, and the manner of that use, is the sole responsibility of the user. We recommend that anyone in- tending to rely on any recommendation of materials or pro- cedures mentioned in this publication should satisfy himself as to such suitability, and that he can meet all applicable safety and health standards. Vlll PREFACE This volume has been prepared for the Environmental and Health & Safety Manager. The EH&S manager is a new breed of corporate professionals that are faced with the responsibility of handling both environmental policy/issues and occupational safety issues within organizations. Throughout the 1980s there was a proliferation of health and safety departments, environmental compliance personnel, and technical people associated with handling pollution control and waste management. American industry has been over the last several years contracting and downsizing their operations. In doing so, many corporations, large and small, are demanding greater responsibilities be delegated to middle and line function management. In this regard, many corporations today are moving towards a single management entity, the EH&S manager, who’s responsibilities require extensive knowledge of both the environmental statutes and OSHA standards. This desk reference has been written as a compliance source for the EH&S manager. The authors prefer to call the EH&S manager an Occupational Safety Professional and use this designation interchangeably throughout the text. This individual, as stated above, has a dual responsibility that requires both technical and managerial skills in two arenas. In this regard, this book provides the working professional a reference on both the environmental regulations and industry safety standards. Additionally, it covers management practices for on-site hazard materials handling operations and constitutes an important reference for establishing hazard communication and training programs for employees. Nicholas P. Cheremisinoff Madelyn L. Graffia vii CONTENTS 1 . MANAGING THE ENVIRONMENTAL REGULATIONS AND SAFETY 1 Introduction 1 Managing Federal Regulations and Toxic Substances 3 Occupational Safety Issues 4 Environmental Protection Issues 7 Regulations Affecting Chemical Manufacturing andUse 10 Transportation of Hazardous Materials 13 Cleanup of Hazardous Wastes 14 The Need for Compliance 15 2 . MANAGING FACILITIES. DUE DILIGENCE AND FACILITY TRANSFERS 31 Regulatory Overview 31 Principle Federal Regulations 31 Objectives of Property Transaction-Environmental Site Assessments 33 Laws Directly Affecting Property Transfers 34 What is CERCLA. SARA. Superfund? 35 Overview 35 Comprehensive Environmental Response. Compensation. State Superfund 36 and Liability Act 36 ix x Contents Notification Requirements 38 What Happens if There is a Release? 38 What About Cleanup? 39 What Are Removal and Remedial Actions? 40 What is Remedial Action? 40 What Do Site Evaluation. Remedial Action Selection. and Cleanup Standards Mean? 41 Where Does the Term "Superfund" Come From? 43 Who Are Responsible Parties and What Are Their Liabilities? 44 What Are the Liabilities 45 Lender Liability and the Security Interest Exemption 46 47 What Are Defenses Against Liabilities? 50 Laws 51 Introduction 51 51 New York State Toxic Cleanup Law 53 The (New Jersey) Industrial Site Recovery Act 59 Summary of Federal Regulations 67 Introduction 67 SARA Title 111 67 70 The Lender Liability Rule State "Superfund" Programs and Property Transfer The New Jersey Spill Compensation and Control Act The 'Super Lien" Laws 55 The Resource Conservation Recovery Act A Comparison of RCRA and CERCLA 71 Underground Storage Tanks 72 Liability and Enforcement Actions Under RCRA Act) 76 NPDES Permit for Storm Water Discharges 78 75 Clean Water Act (Federal Water Pollution Control Industrial Storm Water Dischargers 80 Industry-Specific Minimum National Effluent Standards 80 81 81 Publicly-Owned Treatment Works (POTWs) ment Standards for Industrial Users of POTWs) Asbestos Regulations 82 Setting) 87 Requirements for Indirect Discharges (National Pretreat- Federal Regulations Controlling Asbestos (Non-School Contents xi Polychlorinated Biphenyls (PCBs) 89 EPA’s PCB Regulations 89 Radon 89 Toxic Substances Control Act 91 Federal Insecticide. Fungicide. and Rodenticide Act 92 Safe Drinking Water Act 92 Federal Clean Air Act 93 National Ambient Air Quality Standards 93 The Importance of Due Diligence Audits 95 Consultant Issues and Stafing Considerations 105 General Staffing Considerations 105 Aspects of Cost and Cost Control 109 Affect of Audit Types on Staffing Requirements 110 Contracting Issues 114 Consultant Liabilities 124 Introduction 124 Proposals 124 Elements of the Contract 125 Contract Issues 126 Report Preparation 127 Third Party Use Disclaimers 128 Contract Terminology 128 Hold Harmless and Indemnity Provisions 129 Warranties and Guarantees 129 Insurance 130 Liability 130 Damages 130 Exposure to Client and Third Party Claims 131 Liability for Breach of Contract 131 Liability for Breach of Warranty and Fraud 131 Liability for Negligent Acts or Omissions 132 Liability for Willful Misconduct 132 Extent of a Consultant’s Duty 132 Defining the Duty 133 Liability for Breach of Duty 133 Contract Negotiations 133 Insurance Industry’s Liability Issues 134 Introduction 134 Insurance Coverage Litigation 135 Insurance Coverage Issues 136 Pollution Exclusion 136 xii Contents Expected and Intended Damages 138 Trigger of Coverage 139 Covered Damages 141 Duty to Defend 142 Multiple Occurrences 143 Care. Custody and Control Exclusion 144 3 . THE CHEMISTRY OF HAZARDOUS MATERIALS 145 Introduction 145 Chemical Properties and Characteristics 145 Corrosive Chemicals 152 Properties of Organic Chemicals 156 Flammables and the Chemistry of Fires 162 Water Reactive Chemicals 169 Substances That Produce Alkaline Aqueous Solutions . . 171 Substances That Produce Acidic Aqueous Solutions 171 Oxidation/Reduction Reactions 172 Poisons 173 Chemical Compatibility 175 Closure 177 4 . SAFETY MANAGEMENT PRACTICES FOR LABORATORIES 183 Introduction 183 Review of Hazardous Materials Properties 184 Flammability 189 Reactivity 191 Flammable Solvents 191 Purchasing and Receiving Chemicals 192 Inventory and Control 196 Container Requirements 200 Separation. Segregation and Isolation 204 Safe Storage Methods 204 Housekeeping and Hazard Control 207 Ventilation 208 Hazard Warning Labels 208 Safe Handling Practices 209 General Safety Precautions 209 Responding to Spills 210 Contingency Plans 212 Personal Protection Equipment 214 Contents xiii Handling Wastes 216 5 . RESOURCE CONSERVATION AND RECOVERY ACT AND WASTE ANALYSIS PLANS 219 Introduction 219 Hazardous Waste Classification 220 Ignitability-EPA Hazardous Waste Number DO01 221 Corrosivity-EPA Hazardous Waste Number DO02 221 Reactivity-EPA Hazardous Waste Number DO03 222 EP Toxicity-EPA Hazardous Waste Numbers D004- DO17 222 Hazardous Waste Generators 225 Waste Accumulation 227 RCRA Regulations Pertaining to Laboratories 229 Waste Determinations 231 The Waste Analysis Plan 235 6 . HAZARD COMMUNICATION 239 Introduction 239 Summary of the Right-to-Know Law 240 Listing of Hazardous Chemicals 241 Labeling Requirements 242 Training Workers 242 Elements of Right-to-Know Training 243 Labels and Labeling 245 Trade Secrets and Labels 246 What the Label Should Look Like 247 When Must Containers be Labeled? 247 Containers That Do Not Need to be Labeled 248 Products and Substances That Do Not Require Special Circumstances 247 Additional Labeling 249 Understanding Hazardous Substance Fact Sheets 251 OSHA 200 Log of Injuries and Illnesses 253 Forms of the Chemical 253 Signs and Symptoms of Occupational Hazards 254 Common Methods Used to Recognize. Measure. Evaluate. and Control Employee Exposure to Hazardous Substances 256 Evaluation of Hazard Seriousness 257 Toxicology 258 xiv Contents Dose-Response Relationships 258 Chemical Safety for General Service Workers Measurement and Evaluation of Exposure 266 Industrial Hygiene Monitoring 266 Air Samples 266 Other Sampling Methods 267 Sampling Devices 267 Planning Sampling 268 260 Laboratories and Analytical Methods 268 Interpretation of Industrial Hygiene Monitoring 269 Prevention and Control of Exposure 273 What is Substitution? 273 What is Isolation? 274 Ventilation 274 Calculating Dilution Airflow 278 Administrative Measures 278 Job Rotation vs . Frequent Breaks 278 Radiation Hazards 279 7 . PROCESS TECHNOLOGY SAFETY AND HAZARD ANALYSIS 283 Process Safety Information 283 Hazards of Chemicals 284 Process Technology 289 Process Equipment 292 Recordkeeping 297 Process Hazard Analysis 298 Types of Analyses 299 Analysis Teams 302 Conducting A Process Hazard Analysis 303 Analysis Findings 304 Training 306 Pre-Startup Safety Reviews 307 Hazard Evaluation Techniques 308 The Need for Hazard Evaluation 310 Safety Review 314 Checklist Analysis 316 Relative Ranking 318 Preliminary Hazard Analysis 320 What-If Analysis 321 What-If/Checklist Analysis 322 [...]... Fungicide and Rodenticide Act (FIFRA) Clean Air Act (CAA) Clean Water Act (CWA) Occupational Safety and Health Act (OSH Act) Safe Drinking Water Act (SDWA) Hazardous Materials Transportation Act (HMTA) Toxic Substances Control Act (TSCA) Resource Conservation and Recovery Act (RCRA) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Superfund Amendments and Reauthorization Act (SARA)... Regulations and Safety 0 * 19 20 0 Environmental and Health 0 m a 0 0 0 0 Managing the Environmental Regulations and Safety m 21 22 Environmental and Health Managing the Environmental Regulations and Safety 23 law is a body of rules and procedures designed to govern and protect persons and properties It originated in the customs and practices of the Anglo-Saxon people of England These practices and. .. SUBSTANCES STATUTES Area of Concern Occupational Protection Federal Statute 0 0 Environmental Protection 0 0 0 Chemical Manufacture and Use 0 0 Transportat ion 0 0 Cleanup Actions 0 Occupational Safety and Health Act Superfund Amendments and Reauthorization Act Clean Air Act Clean Water Act Safe Drinking Water Act Resource Conservation and Recdvery Act Federal Food, Drug, and Cosmetic Act Federal Insecticide,... Fungicide, and Rodenticide Act Toxic Substance Control Act Superfund Amendments and Reauthorization Act Hazardous Materials Transportation Act Resource Conservation and Recovery Act Comprehensive Environmental Response, Compensation, and Liability Act (as amended by SARA) 6 Environmental and Health The main provisions of the Act dealing with toxic substances include: 0 Establishing and enforcing standards to. .. Performance Standards (NSPS) establishing the allowable emission levels for different stationary sources 3 National Emissions Standards for Hazardous Air Pollutants (NESHAPS) setting emission limitations for which no ambient air quality standards exist 8 Environmental and Health National Ambient Air Quality Standards authorized under Section 109 include both primary and secondary standards Primary standards... pertinent aspects of OSHA (Occupational Safety and Health Act), TSCA (Toxic Substances Control Act), CERCLA, SARA (Superfund Amendments and Reauthorization Act), RCRA, the Hazardous Materials Transportation Act (HMTA), and other applicable regulations The need for an integrated program and policy uniting everything from purchasing through use and disposal can be demonstrated by considering what happens if a. .. competent attorneys hire another lawyer to represent themselves, and this is especially true when dealing with the environmental statutes To understand the legal system in this country, we must separate the subject into two categories: common law and statutory law Common 16 Environmental and Health h Managing the Environmental Regulations and Safety 17 18 Environmental and Health Managing the Environmental. .. regulating hazardous wastes In 1978, chemicals abandoned at Love Canal in New York and Valley-of-the-Drums in Kentucky 10 Environmental and Health received national attention Studies during that timeframe suggested that there may be an additional 50,000 similar abandoned hazardous waste dumps around the country The State of Illinois and environmental groups sued EPA to issue final hazardous waste regulations... 1965 to protect railroads from poorly identified and packaged explosives and ammunition The list of hazardous substances was expanded through the years to include additional substances, e.g., flammable liquids and gases, and transportation modes, e.g., air, and highways The HMTA consolidated a variety of agencies and laws regulating different substances and transportation modes Enforcement of materials... (SARA) These laws and the broad areas they cover are summarized in Table 1 Occupational Safety Issues The Occupational Safety and Health Act is the primary federal law regulating toxic substances to protect workers in the workplace The federal law was passed as the result of increased public concern about workplace hazards and the effects of exposure to hazardous chemicals Before passage of the law, . Fungicide and Rodenticide Act (FIFRA) Clean Air Act (CAA) Clean Water Act (CWA) Occupational Safety and Health Act (OSH Act) Safe Drinking Water Act (SDWA) Hazardous Materials Transportation Act. pertinent aspects of OSHA (Occupational Safety and Health Act), TSCA (Toxic Substances Control Act), CERCLA, SARA (Superfund Amendments and Reauthorization Act), RCRA, the Hazardous Materials Transportation. ENVIRONMENTAL AND HEALTH & SAFETY MANAGEMENT A Guide to Compliance Nicholas P. Cheremisinoff, Ph.D. Madelyn L. Graffa National Association of Safety & Health Professionals