HAZARDOUS MATERIAL REGULATIONS

Transcription

1 This appendix presents supplemental information on hazardous material related regulations that apply to the proposed Trans Bay Cable Project. S:\04 PROJ\B&B TBC\ADEIR Appendices\Appendix I\Appendix I with cvrsht.doc I-i

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3 The following regulations apply to the storage, handling, and disposal of hazardous materials and waste for the Project. The Project will comply with all applicable regulations for hazardous materials and hazardous waste handling, storage, and disposal. Table in Section 4.14 of the EIR summarizes the applicable regulations. I.1 FEDERAL I.1.1 Hazardous Materials Hazardous substances are governed in part by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 and the Superfund Amendments and Reauthorization Act (SARA) of Additional information on these laws and implementing regulations is provided below: SARA Title III, also known as the Emergency Planning and Community Right-to-Know Act (EPCRA), establishes reporting requirements for businesses and facilities that store, handle, or produce significant quantities of hazardous substances. EPCRA also requires states to establish a system to inform federal, state, and local authorities of any such substances stored or handled by the regulated community. Title 40 of the Code of Federal Regulations (CFR) Part 302 implements the CERCLA hazardous materials release requirements and identifies hazardous substances, reportable quantities (RQs), and notification requirements. The National Response Center (NRC) in Washington, D.C., must be notified of an accidental release of a hazardous substance in excess of an RQ. CERCLA-listed hazardous substances and RQs are listed in 40 CFR Part CFR Part 355 codifies the EPCRA planning requirements and establishes the list of Extremely Hazardous Substances (EHSs), threshold planning quantities (TPQs), and emergency response planning requirements. Hazardous substances are also governed in part by the federal Clean Air Act (CAA). 40 CFR Part 68, Chemical Accident Prevention Provisions, identifies regulated substances, threshold quantities (TQs), and requirements for preventing accidental releases of these substances. A Risk Management Plan (RMP) is required for any processes involving regulated substances in excess of their respective TQ. An RMP must be in place when a regulated toxic substance is first introduced to the process, if the hazardous materials TQ are exceeded. Clean Water Act (CWA) provisions also apply to hazardous substances. 40 CFR Part 112 identifies facilities that are required to prepare a Spill Prevention, Control, and Countermeasure (SPCC) Plan. Regulated facilities are those that store oil in aboveground oil tanks with a capacity greater than 660 gallons for individual tanks or 1,320 gallons for more S:\04 PROJ\B&B TBC\ADEIR Appendices\Appendix I\Appendix I with cvrsht.doc I-1

4 than one tank. Facilities with an underground oil storage capacity greater than 42,000 gallons also must comply with the SPCC requirements. The SPCC program is designed to prevent discharge of oil into navigable waters. I.1.2 Hazardous Wastes The handling, storage, and disposal of both hazardous and nonhazardous wastes are addressed through the Resource Conservation and Recovery Act (RCRA) (42 U.S. Code [USC] 6901 et seq.) and its implementing regulations (40 CFR Part 260 et seq.). As required by the RCRA, an application for a hazardous waste generator identification number would be coordinated through the U.S. Environmental Protection Agency (EPA) and the California Department of Toxic Substances Control (DTSC). Additional information on these laws and implementing regulations is provided below: 40 CFR Parts govern the generation, transportation, treatment, storage and disposal of hazardous waste through a comprehensive management system. These regulations also list the characteristics of hazardous wastes, including ignitability, corrosivity, reactivity and toxicity. Subtitle D of these parts grants authority for regulating nonhazardous waste to the state. 49 CFR Parts 172, 173, and 179 provide standards for packaging hazardous wastes and for labels, placards and markings on hazardous waste shipments by truck. 42 USC 6922 sets standards for generators of hazardous waste regarding recordkeeping, labeling practices, informing hazardous waste transporters of general composition of wastes, use of a manifest system, and reporting requirements for the generators. I.2 STATE AND REGIONAL I.2.1 Hazardous Materials California s version of EPCRA is set forth in Chapter 6.95 of the California Health and Safety Code (H&SC), Article 1, the Hazardous Materials Release Response Plans and Inventory. Article 1 requires emergency response plans for facilities that store hazardous materials in excess of 55 gallons, 500 pounds, or 200 cubic feet. Facilities that handle more than these quantities of hazardous materials must submit a Hazardous Materials Business Plan (HMBP) to the Certified Uniform Program Agency (CUPA). The California Accidental Release Prevention (CalARP) Program requires facilities that handle regulated substances in quantities greater than the applicable TQ to prepare an RMP as described in Title 19 CCR Division 2, Chapter 4.5. The State Water Resources Control Board (SWRCB) administers the Aboveground Petroleum Storage Tank Program in accordance with H&SC Section Tanks must S:\04 PROJ\B&B TBC\ADEIR Appendices\Appendix I\Appendix I with cvrsht.doc I-2

5 be registered with the SWRCB. The Regional Water Quality Control Board (RWQCB) ensures compliance with the program through inspections of tanks and review of the facility s SPCC Plan. Title 8 of the CCR addresses the control of hazardous substances. Section 5189 of Title 8 sets forth the Process Safety Management (PSM) standard for processes involving a highly hazardous chemical in excess of certain quantities. PSM requires a process hazard analysis, current safety information, an employee participation program, written operating procedures, a mechanical integrity program, and other procedures. Section 5194 of Title 8 of the CCR, Hazard Communication, requires that employers evaluate the potential hazards of chemicals handled at their workplace and share this information with their employees. California Vehicle Code Section requires specific practices for the transportation of materials that may pose an inhalation hazard. I.2.2 Hazardous Wastes The Hazardous Waste Control Act (HWCA) of 1972 is codified in H&SC Section et seq. Regulations addressing the management of hazardous wastes are found in 22 CCR et seq. These management issues include: characterizing wastes, obtaining a waste identification number, implementing a waste reduction program, manifesting wastes, packaging and labeling of wastes, recordkeeping, monitoring and emergency preparedness. 22 CCR 67100, Hazardous Waste Source Reduction and Management Review, requires waste generators, as specified by the quantities of hazardous waste generated, to develop a plan for reducing their hazardous wastes. Then, if applicable, generators must prepare a hazardous waste management performance report every four years. H&SC Section et seq. HMBPs require emergency response plans from facilities that store hazardous materials in excess of 55 gallons, 500 pounds, or 200 cubic feet, as appropriate. Hazardous wastes or mixtures of hazardous wastes are included in the definition of hazardous materials. Inventories prepared in accordance with this requirement would include information on hazardous wastes. 22 CCR establish hazardous waste regulations for generators and transporters of hazardous wastes, and owners of hazardous waste Treatment, Storage, and Disposal Facilities (TSDFs). The Porter-Cologne Water Quality Control Act (Water Code, ) regulates wastes that have the potential to cause loss of a beneficial use of California s waters. This act requires the RWQCB to establish reportable quantities of hazardous wastes and hazardous materials based on their potential to degrade the waters of the state. Any S:\04 PROJ\B&B TBC\ADEIR Appendices\Appendix I\Appendix I with cvrsht.doc I-3

6 discharge of hazardous materials that is inconsistent with the discharge requirements of the facility must be reported to the appropriate authorities. Title 8 of the CCR contain the California Occupational Safety and Health Administration (Cal-OSHA) regulations for worker safety, including the storage and handling of hazardous materials. It also identifies protective equipment for workers who handle hazardous materials and requirements for general facility safety. In general, California regulations pertaining to industrial relations are more stringent in Title 8 of the CCR than those established by 29 CFR Part 1910 et seq. I.2.3 Nonhazardous Waste Nonhazardous wastes are governed in part by the California Integrated Waste Management Act (CIWMA) of 1989 (Public Resources Code [PRC] Section et seq.). This law serves as a guide for an integrated statewide system of solid waste management, which includes efforts for solid waste handling, disposal, source reduction, recycling, and land disposal safety. CIWMA requires each county to submit an integrated waste management plan to the state. I.3 LOCAL For solid nonhazardous wastes, the San Francisco Department of Public Health Environmental Health Section and the Contra Costa County Health Services Agency are responsible for administering and enforcing the CIWMA, for their respective counties. For hazardous wastes, local regulations consist primarily of the administration and enforcement of the Hazardous Waste Control Law (HWCL). The San Francisco Department of Public Health Environmental Health Section and the Contra Costa County Health Services Agency are the CUPAs with responsibility for the following programs and plans pertaining to hazardous materials in their respective jurisdictions: Hazardous Materials Business Plan CalARP RMP USTs Hazardous waste SPCC Plan The San Francisco Hazardous Materials/Unified Program Agency and the Hazardous Waste Program of the Department of Health Services, the Fire Department, and the Sheriff s Department are the local agencies that would regulate the hazardous waste associated with S:\04 PROJ\B&B TBC\ADEIR Appendices\Appendix I\Appendix I with cvrsht.doc I-4

7 the San Francisco Converter Station portion of the Project. For emergency spills, the San Francisco Hazardous Materials team is responsible for containment and cleanup, and the Sheriff s Department would provide onsite command. Because the San Francisco Converter Station would involve excavation of more than 50 cubic yards of soil Bayward of the historic shoreline of San Francisco Bay, the Project would be under the jurisdiction of Article 22 of the City and County of San Francisco s Public Health Code, commonly referred to as the Maher Ordinance. The Maher Ordinance requires soil analysis for a specified list of inorganic and organic chemicals at construction sites where: 1) at least 50 cubic yards of soil are disturbed; 2) there is construction on the Bay side of the historic high-tide line; or 3) there is reason to believe that hazardous waste may be present. The Contra Costa County Health Services Agency and the Contra Costa County Hazardous Materials Program of the Health Services Agency, the Contra Costa County Fire Protection District, the Fire Department, and the Sheriff s Department are the local agencies that would regulate the hazardous waste associated with the Pittsburg Converter Station portion of the Project. For emergency spills, the Contra Costa County Hazardous Materials Incident Response Team is responsible for containment and cleanup, and the Sheriff s Department would provide onsite oversight. Local agency requirements and regulations associated with the proposed Project would need to be addressed before the construction and operation of the facilities, and the facilities would be required to conform with all local requirements. The design, construction, operation, and maintenance of all hazardous materials storage and delivery systems for the Project would be in accordance with applicable codes and regulations. Some of these codes and their applicability to the proposed Project are listed below: State Building Standard Code, which incorporates the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code and the Uniform Plumbing Code Uniform Fire Code, Article 80, Hazardous Materials Section National Fire Protection Association, Section 110 for emergency diesel generators and Section 20 for diesel powered fire protection pumps. California Vehicle Code, which includes licensing requirements for hazardous materials haulers S:\04 PROJ\B&B TBC\ADEIR Appendices\Appendix I\Appendix I with cvrsht.doc I-5

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9 APPENDIX J PALEONTOLOGICAL RESOURCES TECHNICAL REPORT This appendix presents the Paleontological Resources Technical Report prepared for the Trans Bay Cable Project. X:\Transbay\ADEIR 3\Appendices\Appendix J\App J cvrsht.doc J-1 4/29/ :08:15 AM

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