Environmental Guide for Small Business in Minnesota · Linda Countryman Charlie Kennedy Charles...

3rd Edition

Environmental Guide for Small Businesses in MinnesotaSmall Business Environmental Assistance Program

Minnesota Pollution Control Agency

ii

AcknowledgementsThe guide was created and updated through a partnership between: Minnesota Pollution Control Agency, Small Business Development Centers, Minnesota Occupational Safety and Health Administration, Minnesota Department of Public Safety, Small Business Assistance Office, Minnesota Technical Assistance Program, Minnesota Department of Health, Minnesota Department of Agriculture, and Minnesota Department of Transportation.

3rd Edition Editor: Kim GrosenheiderrEviEwErs: Diane Amell Colleen Hetzel Mike NelsonMary James Baker Thomas Jablonski John O'brien Nate Blasing Barb Jackson Bruce OlsenPeter Bratsch Troy Johnson Paul PagelSandeep Burman Cynthia Kahrmann Mark SimmerRandy Dunnette Brian Livingston Joe SpitzmuellerNancy Ellefson Debra Mckinley Phyllis StrongCollie Graddick David Moore Steve TomlyanovichDean Herzfeld Michael Myhre

2nd Edition Editor: Troy JohnsonrEviEwErs: Diane Amell Dean Herzfeld Jim PearsonDenine Casserly Chai Insook Donna PetersonVicki Cook Barb Jackson Lance PoyzerLinda Countryman Charlie Kennedy Charles SchafferRandy Dunnette Mary Kruger Phyllis StrongNancy Ellefson Steve Lee Steve TomlyanovichMike Findorff Mike Nelson John WagnerKeith Friesen Bruce Olsen Doug Wetzstein

1st Edition Primary author and Editor: Barb LoidaContributors: Diane Amell Mary Kruger Debra McKinley Charles Schaffer workgrouP rEviEwErs: Diane Amell Charlie Kennedy Phyllis StrongNancy Ellefson Mary Kruger Steve TomlyanovichKris Hudson Debra McKinley Scharmine WilliamsTroy Johnson

Special thanks to the United States Environmental Protection Agency for the grant which funded the 1st edition.

C O N T E N T S

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v

Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Air Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

Water Quality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

Storage Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

Cleanup and Remediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59

Emergency and Pollution Prevention Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71

Occupational Safety and Health Administration (OSHA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87

Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107

Financial Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .113

Assistance Providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123

Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .137

Cover Photo: IStock

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50% Post-consumer waste paper. Processed chlorine-free paper.

Third edition, August 2007; Second edition, May 2003; First edition, August 1999.

v

INTRODUCTION

Dear Business Owner or Operator:

The goal of this publication is to help you determine whether your business is subject to an environmental regulation and where to go for more help. Understanding and complying with environmental regulations is an important part of running a business and being a responsible member of your community. It results in efficient use of resources, a safe work place, a sustainable business and healthier ecosystem. This document was created to be a user-friendly overview of most federal and Minnesota state environmental regulations. Of course, it is not possible to use this guide, or any other single publication, as a definitive source. Regulations are added, changed or may be interpreted differently based on court decisions.

The first eight chapters cover: Hazardous Waste, Air Quality, Water Quality, Storage Tanks, Cleanup and Remediation, Emergency and Pollution Prevention Planning, Occupational Safety and Health Administration, and Agriculture regulations that may apply to a small business. These chapters begin with a flow chart to walk you though rules to help you determine which parts apply to your business. Next, step-by-step instructions give explaination of the parts of a regulation. You will find telephone numbers for programs that can provide additional information, forms and assistance within each chapter.

The Financial Assistance chapter briefly summarizes some of the loan and grant programs available in Minnesota. The next chapter, Assistance Providers, highlights programs that exist to provide assistance specifically to businesses with environmental issues. These programs are often free. Each program has a website listed and contact number where more information can be found.

Understanding and complying with environmental regulations is an important way to show commitment to the environment and your community. Also, use ideas in this guide to take additional steps to reduce your environmental footprint and your regulatory burdens. Please fill out the included survey and contact me or any staff at the Small Business Environmental Assistance Program with any comments or questions.

Kim GrosenheiderSmall Business Environmental AssistanceMinnesota Pollution Control Agency(651) 282-6143(800) [email protected]

This guide has also been placed on the following website: www.pca.state.mn.us/industry/sbeg/index.html. The website has links to additional information and forms.

www.pca.state.mn.us/industry/sbeg/index.html

Haz

ardo

us W

aste

Link purchasing requests to an inventory system so that excess chemicals in stock can be used before buying more. Substitute hazardous chemicals with less hazardous ones.

By changing a laboratory procedure, the Environmental Analysis Section of the Minnesota Department of Agriculture (MDA) Laboratory Services Division eliminated 99 gallons of methylene chloride waste annually. - MnTAP Source newsletter, 2006 issue 2http://www.mntap.umn.edu/source/2006-2/procedures.htm

1

Hint:

H A z A R D O U S WA S T E

3

Start

Do you generate a solid or liquid waste?

Is the waste exempt?

Evaluate your waste to determine if it is hazardous.

You are not subject to hazardous waste regulations.

You generate hazardous waste.Continue on the next page.

Is the waste listed as hazardous waste?

Does the waste exhibit a hazardous characteristic?

Does the waste contain 50 ppm or greater PCBs?





NO

YES

YES

NO

YES

NO

YES

NO

NO

YES

...continued on next page


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*Requirements depend on generator size.

Obtain a hazardous waste ID.*

Obtain a generator license and pay fee.*

Mark and store waste properly.

Plan for emergencies.*

Train personnel.*

Choose a qualified transporter and disposal facility.

Manifest shipments.*

Keep records.*

Do not exceed accumulation amounts and time limits.*


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If your facility generates any solid or liquid wastes through maintenance, or a manufacturing or other process, you must evaluate whether the waste is hazardous. Hazardous wastes require special management practices to protect both your workers and the environment. This section describes basic hazardous waste requirements. For more help:• Facilities outside the seven-county Twin Cities metropolitan area may contact

the Minnesota Pollution Control Agency (MPCA) at (651) 296-6300 or (800) 657-3864: - Companies with fewer than 100 employees: Small Business Assistance Program,

(651) 282-6143 or toll-free (800) 657-3938• Facilities within the seven-county Twin Cities metropolitan area should

contact the appropriate county hazardous waste program: Anoka County (763) 422-7093 Carver County (952) 361-1800 Dakota County (952) 891-7557 Hennepin County (612) 348-3777 Ramsey County (651) 266-1199 Scott County (952) 496-8177 Washington County (651) 430-6655

Step 1A: evaluate your wastesBefore you can evaluate the wastes generated by your facility you must identify and inventory them. Include waste discharged to the sewer, off-specification or unusable products, recycled wastes and other wastes associated with a production process (e.g., rags used for cleaning). Material Safety Data Sheets (MSDSs) and employees’ process knowledge will help in the evaluation. It may also be necessary to have the wastes analyzed by a laboratory.

Once wastes are identified and inventoried, you will need to determine whether they are hazardous — “evaluate”. To do this, answer the four questions (below) for each waste identified on the inventory. Note that the list of exempt or listed wastes on Questions 1 and 2 only includes wastes that would typically be generated by small businesses. (“Exempt” wastes are materials that by rule are not considered hazardous waste. “Listed” hazardous wastes are materials that the U.S. Environmental Protection Agency, or EPA, has classified as hazardous.) The rule cited includes all the materials that are considered exempt or listed hazardous wastes.

QuEstion 1: is thE wastE ExEmpt?Exempt wastes (MN Rule 7045.0120 and 7045.0127) include: • normal household refuse • nonhousehold refuse (unusable paper, cardboard, untreated wood and plastic) • samples sent to a testing laboratory • demolition debris • used oil (not contaminated with any other solvents) that is recycled


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• scrap metal that is recycled • waste discharged to surface waters under a National Pollution Discharge Elimination

System (NPDES) permit • waste from emergency spill cleanups approved by the MPCA • certain wastes containing trivalent chromium • empty containers and liners used to hold a hazardous material (except for compressed

gases or acutely-hazardous waste). For non-acute hazardous waste, an empty container is defined as having:

- no more than one inch of residue in the bottom - no more than 3 percent by weight of residue in a container 110 gallons or less in capacity - no more than 0.3 percent by weight of residue in a container more than 110 gallons in

capacity - aerosol cans that contain no product and no pressure

QuEstion 2: is thE wastE listEd as a hazardous wastE?Certain classes of chemical wastes are specifically called out or listed in the rules as being hazardous (MN Rule 7045.0135). EPA has assigned a code for each different type of hazardous waste that is listed (e.g., F001).

These wastes are known as listed hazardous wastes. Common listed wastes include: • Hazardous wastes from nonspecific sources: F001: Spent halogenated solvents used in degreasing, such as trichloroethylene,

methylene chloride, 1,1,1-trichloroethane and carbon tetrachloride. F002: Spent halogenated solvents, such as those above but not used as degreasers. Other

examples are 1,1,2-trichloro-1,2,2-trifluoroethane and chlorobenzene. F003: Spent nonhalogenated, ignitable-only solvents, such as xylene, acetone,

methanol and methyl isobutyl ketone. F004: Spent nonhalogenated solvents, such as cresols, cresylic acid and

nitrobenzene. F005: Spent nonhalogenated solvents such as toluene, methyl ethyl ketone, carbon

disulfide and benzene. Spent solvent mixtures/blends containing 10 percent before use of F001, F002, F004 and/or F005 compounds.

F006-F039: Various spent baths and solutions, distillation bottoms, wastewater and filters. • K-listed wastes: wastes from specific manufacturing processes, such as preserving wood,

formulating inks, pigments, chemicals and pharmaceuticals, refining petroleum and metal smelting.

• P-listed acute hazardous and U-listed toxic wastes: typically these materials are discarded chemical products, off-specification products and/or spill residues.

7


QuEstion 3: is thE wastE hazardous bEcausE it Exhibits a hazardous charactEristic?A waste that exhibits one or more hazardous characteristics is a hazardous waste. Hazardous characteristics include: Ignitable waste - D001 Liquid wastes having a flashpoint below 140 degrees Fahrenheit; or, a nonliquid waste capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard; or, an ignitable compressed gas. Examples of ignitable wastes include spent parts-washer waste and spent solvents.

Oxidizing waste - D001 Wastes that add oxygen to a fire. Oxidizing substances often have “per...” at the beginning of the name, “oxide” at the end of the name, or “...ate” in its chemical name. Oxidizers may be used in a manufacturing process to add oxygen. Typically, these materials are used up but, if they are not, the waste material may be hazardous.

Corrosive waste - D001 Water-based wastes having a pH of 2.0 or less (strong acids) or 12.5 or more (strong bases); also, any liquid able to corrode 1/4 inch of steel per year. Automotive battery acid is an example of a corrosive waste.

Reactive waste - D001 Unstable or explosive wastes; wastes that react violently in the presence of water; and, sulfide- or cyanide-bearing wastes which give off toxic vapors when exposed to pH conditions between 2.0 and 12.5. Lithium batteries (even spent ones) are an example of a reactive waste.

Lethal waste - D001 Wastes that have been found through testing to cause death when ingested, inhaled or absorbed. Typically, lethal wastes are poisons.

Toxicity Characteristic waste - D001 Wastes that, under acidic conditions, release toxic metals, pesticides or volatile organic chemicals above certain limits. Examples of toxic hazardous wastes are photographic fixers, some paints and chemical wastes.

The MSDSS for your raw

MaTerialS can help DeTerMine

if The waSTe iS hazarDouS.

laboraTory TeSTS can alSo help

DeTerMine if The waSTeS exhibiT a

hazarDouS characTeriSTic.


8

220 pounds of hazardous waste or less per month (about one-half a 55-gallon drum of liquid waste)

More than 220 pounds but less than 2,200 pounds of hazardous waste per month (about one-half to four 55-gallon drums of liquid waste) 2,200 pounds or more of hazardous waste per month (four or more 55-gallon drums of liquid waste)

VSQG (Very Small Quantity Generator) SQG (Small Quantity Generator)

LQG (Large Quantity Generator)

QuEstion 4: doEs your businEss work with oil-containing EQuipmEnt or FluorEscEnt light ballasts that contain polychlorinatEd biphEnyls (pcbs)?Wastes containing PCBs at a concentration of 50 parts per million (ppm) or more are hazardous. Ballasts from old light fixtures may contain PCBs.

Review your answers to questions 1 through 4. If you answered 'no' to question 1 or 'yes' to questions 2, 3, or 4, you probably generate hazardous waste. Continue to the next step.

If you determine your facility does not generate any hazardous wastes, you are not subject to hazardous waste regulations. If your facility's operations change, you must re-evaluate to determine whether any new wastes are hazardous.

Step 1b: Determine your generator sizeTo figure out which hazardous waste requirements apply to your facility, first determine how much waste your facility generates. Remember, exempted wastes are not counted when determining generator size. The table below will help determine your facility's generator size.

If your facility generates: then your facility’s size is:

Remember, the less waste generated, the fewer the requirements.

Step 2: Obtain a Hazardous Waste Identification NumberHazardous Waste ID numbers (formerly called EPA ID numbers) are each assigned to a specific location and are used for tracking where wastes are generated and where they are disposed of. If you have more than one facility, you will need a number for each location. There is no charge to obtain a number. You may not ship wastes legally without an ID number. In certain cases, VSQGs may not need an ID number; see the VSQG drop-off site information in Step 6.


9

A Hazardous Waste ID number can be obtained by filling out a Notification of Regulated Waste Activity Form. This form is available from the MPCA or a metropolitan county hazardous waste office (see phone numbers at the beginning of this chapter). The form is also available on the MPCA Web site at www.pca.state.mn.us/publications/w-hw7-09.pdf.

In some cases, a business generates waste in multiple buildings but ship wastes from only one location. If the buildings are on contiguous property, you need just one HW ID number. For a definition of “contiguous property,” call the MPCA or your county hazardous waste office.

Changes in your business:• If your business moves to a different location, you must deactivate the HW

ID number for the existing location and obtain a new number for the new location. Use the same Notification of Regulated Waste Activity Form to deactivate a number. Check the box marked “subsequent notification” and attach a note stating that the HW ID number is to be deactivated and why.

• If you change operations so that hazardous wastes are no longer being generated, you must also deactivate your HW ID number.

The notification form should be sent to the address on the instruction sheet available on the MPCA website at www.pca.state.mn.us/publications/w-hw7-08.pdf.

Step 3: Apply for an annual generator licenseAll Minnesota businesses that generate hazardous waste must obtain an annual Hazardous Waste Generator License and pay an annual fee. The only exception is generators outside the metropolitan area that generate less than 10 gallons of hazardous waste per year.

• If your business is located in the metropolitan area, contact your county hazardous waste office for appropriate forms. The license from the appropriate county hazardous waste office is equivalent to a license from the MPCA.

• If your business is outside the metropolitan area and you have applied for a HW ID number, a license package will be automatically sent to you. Licenses are issued by the MPCA around June 30 of each year. Metropolitan countries may be on a different schedule.

• All licensed generators are charged a license fee that varies, depending on the amount of waste generated and how the waste is managed. Generators are also subject to a generator (Superfund) tax which is based on generator size or waste volume and management method.

whaT To Do if you are

Moving or no longer

generaTing waSTe.


10

Step 4: place waste in marked, leakproof containersContainers used for storing hazardous wastes must be sturdy, leakproof and made of, or lined with, materials compatible with the wastes stored. Containers must be marked with the following information: • the words “hazardous waste,” • name of the contents of the container

(e.g., waste MEK or paint waste) • the date the first waste was placed inside

(called the “accumulation start date”)

Preprinted labels are available (but not required) for marking containers (see list below for availability). Additional information is required when the waste is shipped. The required Minnesota Department of Transportation (MnDOT) shipping label may also be used for storage. Your waste transporter should be familiar and able to help you with MnDOT shipping requirements.

pAckAgINg, LAbeLS AND pLAcArDS

The following companies sell hazardous waste packaging, labels and placards. This is not a complete list.

DASCO Label7787 Ranchers Road Northeast Fridley, MN 55432 763-574-2275 OR 800-927-7701www.dascolabel.com For: labels, placards

J.J. Keller 3003 West Breezewood Lane PO Box 368 Neenah, WI 54957-0368 877-564-2333 www.jjkeller.com For: labels, placards, forms

Uline985 Aldrin Eagan, MN 55121 800-295-5510www.uline.com For: labels, placards, packaging

Labelmaster Company Division of American Label Mark 5724 North Pulaski Road PO Box 46402 Chicago, IL 60646 800-621-5808www.labelmaster.com For: labels, placards, packaging

Lab Safety Supply PO Box 1368 Janesville, WI 53547-1368 (800-356-0783www.labsafety.comFor: labels, placards, packaging

www.labsafety.com


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Step 5: Store wastes correctlyFollow all fire and building codes for wastes stored indoors. In addition:

• Keep containers closed except when wastes are added or removed (this includes bungs and snap rings).

• Place containers holding liquids on a surface impermeable to that particular waste. • Provide enough aisle space for easy access and visibility. • Inspect containers at least weekly to ensure they have not deteriorated or are

not leaking. • Separate incompatible wastes with a dike, berm or wall within the storage area. • Store wastes in an area without floor drains.

When storing wastes outdoors: • Follow all requirements for indoor storage, listed above. • Restrict access to individuals responsible for managing the wastes. • Store wastes on a curbed, impermeable surface. • Protect wastes from the elements (rain, snow, sunlight) and the risk

of inadvertent damage.

You must also meet storage time limits. If you store wastes past storage time limits, you will be subject to additional hazardous waste requirements.

Size Accumulation Limit Storage time Limit

VSQG 2,200 lbs. Ship stored waste within 180 days of the time it is accumulated. Mark on the container the date it became full.

SQG 6,600 lbs. Ship stored waste within 180 days of the accumulation start date.

LQG No limit Ship waste within 90 days of the accumulation start date unless a storage facility permit is obtained.*

* If the treatment, storage or disposal facility is more than 200 miles away, the storage time limit is 270 days.

If you are unable to ship waste within the storage time limit, you may request a 30-day extension from the MPCA (or your metropolitan county hazardous waste office). The request must be made in writing before you reach the storage time limit. Explain why the extension is necessary, the types and amounts of waste affected and the date you now anticipate shipping the waste. If granted, the extension allows your business to remain within its generator status.

if you have waSTeS ThaT

accuMulaTe Slowly

- conSiDer SaTelliTe

accuMulaTion conTainerS.


12

For wastes that accumulate very slowly, designate the container a “satellite accumulation container.” This allows you to accumulate up to one 55-gallon drum of that waste (or one quart of acute hazardous waste) before the storage time clock starts. Mark the accumulation start date on the container when you begin filling it, then the fill date when the container becomes full. Move the satellite container to the permanent storage area within three days of the fill date. Based on the fill date, ship the container off-site according to the storage time limit in the table above. For more information on satellite accumulation requirements, call the MPCA or visit www.pca.state.mn.us/waste/pubs/1-041-05.pdf.

Step 6: transport and dispose of waste correctlyGenerators of wastes are responsible forever for their hazardous wastes. This means that even when you give your waste to a transporter or disposal facility, you may be liable for cleanup costs if a release occurs. To ensure your wastes are properly managed and to reduce your liability, choose a transporter and disposal facility with care.

Before you contact a transporter, you need to know: • kinds and amounts of waste you wish to have picked up • form of the wastes (solid, liquid or sludge) • types of containers holding the waste • how often you need to ship the waste • which recycling, treatment or disposal facility

the wastes are to be shipped to

Most hazardous wastes are managed by sending them off site. Some wastes can be treated and disposed of on site. Used oil generated by your business or dropped off by the public (not from another business) can be burned for heat recovery on site provided the burner is rated at less than 500,000 Btu/hour and is vented outside. If the total capacity of all fuel-burning equipment on site is less than or equal to 2,000,000 Btu/hour, these emissions are insignificant in terms of air emissions permits. No other hazardous wastes may be burned on site.

Corrosive wastes may be discharged to the sewer once they are neutralized. Before you discharge any materials, check with your local wastewater treatment plant to ensure it can accept these wastes. A sewering notification form may also be necessary before you discharge wastes. Check with the appropriate metro county hazardous waste office or the MPCA to determine whether you need to complete this notification form. Do not place any industrial wastes in a septic system. Septic systems are not designed to handle this type of material even if it has been neutralized.


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Do not let cost be the only criterion you use in selecting a transporter or disposal facility. Other important factors in selecting a transporter include: • Is the transporter currently licensed by the Minnesota Department of Transportation

(MnDOT)? See www.dot.state.mn.us/cvo/carriersnapshot.html. • Does the transporter have a good track record? Have they been cited for violations

within the last two years? Have they had spills or accidents within the past two years? If so, were appropriate cleanup actions taken? Ask the transporter for the names of other customers and call them for their opinion.

• Does the transporter maintain adequate insurance? Depending on what is hauled and how it is transported, the transporter is required to have between $1 million and $5 million liability insurance.

• Are drivers given proper training? Drivers must be trained on emergency-response procedures, placarding and labeling vehicles, filling out shipping papers, manifesting wastes, labeling and marking hazardous waste containers, loading and handling wastes, and safe vehicle operations.

• Will the transporter ship wastes to the disposal facility you select?

Very Small Quantity Generators (VSQGs) may be able to drop off their own wastes at a collection site where wastes from many VSQGs are consolidated and then shipped to a disposal facility. Although each business must still pay disposal fees, the drop-off program is a convenient and low-cost disposal option. To take advantage of this, you must: • Apply and receive approval from the drop-off collection site. (There are certain cases where

a HW ID number is not needed. The drop-off collection sites can help you determine whether you need a HW ID number).

• Transport wastes from your business only in your business vehicle. • Follow MnDOT requirements for transporting wastes. For more information,

contact the collection program you intend to use. • Keep all receipts for wastes delivered to drop-off sites. For a list of VSQG drop-off sites,

see www.pca.state.mn.us/publications/w-hw2-51.pdf.

Factors to consider when selecting a disposal facility include: • Does the facility have a good track record? Check with the environmental regulatory

agency (similar to the MPCA) in the state where it is based and check with other customers. Often trade associations or peers can also help you.

• How will the facility dispose of your waste? The longer a waste remains in a form that can be released, the higher the liability. For example, incinerating wastes may be more expensive, but liability is much lower.

• Does the facility carry the necessary insurance? • Does the facility have a plan to deal with spills or accidents? Has the facility ever had to

use it? • How are ash, sludge and empty containers managed?

If possible, visit the facility. Look for general good housekeeping, workers using safety equipment, warning signs, fencing to restrict access to the site, and condition of building, tanks and equipment.

QueSTionS To

conSiDer in

SelecTing

a TranSporTer.


14

Step 7: Manifest hazardous waste shipmentsA manifest is a multiple-page shipping paper that must accompany each shipment of hazardous waste (VSQGs using drop-off sites only need shipping papers per MnDOT requirements). The manifest is the tracking document used to show that your wastes reached their proper destination. One manifest is prepared for each shipment of waste.

You can obtain blank manifests from your transporter, disposal facility or the Minnesota Bookstore (651)297-3000. http://www.comm.media.state.mn.us

Make sure the manifest information is correct. Remember, you are responsible, not the transporter. The most common problems found on manifests include: • Not legible — use a ball-point pen, press hard and print legibly.

• Missing required signatures and dates — make sure to complete all information in the certification section.• Valid numbers — make sure you use a valid HW ID number for your location and that the transporter and disposal facility also use valid ID numbers.• MnDOT information missing or incorrect — make sure to complete all information in this section carefully.

The universal manifest contains six pages which are distributed as follows:• give pages 1-5 to transporter • send a photocopy of page 6 to the appropriate address in the chart

below• keep page 6 for your records

When the disposal facility receives the waste, it will sign and send a page back to you. Within five days of receiving it, make a photocopy and mail to the appropriate address above. Keep the page with your records for at least three years. If the disposal facility does not send you a signed page within 35 days, contact them to ensure they received the waste. If you do not receive it within 45 days of shipment, notify the MPCA.

INT'

LTR

AN

SPO

RTE

RD

ESIG

NAT

ED F

AC

ILIT

Y

EPA Form 8700-22 (Rev. 3-05) Previous editions are obsolete.

17. Transporter Acknowledgment of Receipt of Materials

Transporter 1 Printed/Typed Name Signature Month Day Year

Transporter 2 Printed/Typed Name Signature Month Day Year

18. Discrepancy

18a. Discrepancy Indication Space Quantity Type

Manifest Reference Number:

Full Rejection Partial Rejection Residue

18b. Alternate Facility (or Generator)

Facility's Phone:

U.S. EPA ID Number

18c. Signature of Alternate Facility (or Generator) Month Day Year

19. Hazardous Waste Report Management Method Codes (i.e., codes for hazardous waste treatment, disposal, and recycling systems)1.

2. 3. 4.

20. Designated Facility Owner or Operator: Certification of receipt of hazardous materials covered by the manifest except as noted in Item 18a

Printed/Typed Name Signature Month Day Year

Import to U.S. Export from U.S. Port of entry/exit: _________________________________________________________

Transporter signature (for exports only): � � � � � Date leaving U.S.: �

16. International Shipments

Please print or type. (Form designed for use on elite (12-pitch) typewriter.) � � � � � Form Approved. OMB No. 2050-0039

UNIFORM HAZARDOUSWASTE MANIFEST

1. Generator ID Number 2. Page 1 of 3. Emergency Response Phone 4. Manifest Tracking Number

5. Generator's Name and Mailing Address Generator's Site Address (if different than mailing address)

Generator's Phone:6. Transporter 1 Company Name U.S. EPA ID Number

9a.HM

9b. U.S. DOT Description (including Proper Shipping Name, Hazard Class, ID Number, and Packing Group (if any))

10. Containers

No. Type11. Total Quantity

12. UnitWt./Vol.

13. Waste Codes

1.

2.

3.

4.

14. Special Handling Instructions and Additional Information

15.� GENERATOR’S/OFFEROR’S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, � marked and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations. If export shipment and I am the Primary � Exporter, I certify that the contents of this consignment conform to the terms of the attached EPA Acknowledgment of Consent.� I certify that the waste minimization statement identified in 40 CFR 262.27(a) (if I am a large quantity generator) or (b) (if I am a small quantity generator) is true.Generator's/Offeror's Printed/Typed Name Signature Month Day Year

8. Designated Facility Name and Site Address U.S. EPA ID Number

Facility's Phone:

GEN

ERAT

OR

7. Transporter 2 Company Name U.S. EPA ID Number

1.

DESIGNATED FACILITY TO DESTINATION STATE (IF REQUIRED)

VOID

For VSQgs in Anoka, carver,For VSQgs in Dakota, Hennepin, ramsey For all MinnesotaScott county and Washington counties SQgs and LQgs*

sCott County hazardous wastE manifEst Program mPCa200 Fourth Avenue West Mail Code 609 Attn.: HWIMSShakopee, MN 55379-1220 300 South Sixth Street 520 Lafayette Road North Minneapolis, MN 55487 St. Paul, MN 55155-4194


15

Step 8: emergency planningAll generators are required to prepare for an emergency. Basic requirements all generators must meet include: • A system to alert employees to an emergency. (For small shops, verbal communication is

acceptable.) • Emergency telephone on site to call outside responders. • Fire-control equipment suitable for the materials used or stored. • Spill-control equipment necessary for the types of materials being used or stored. • Decontamination equipment, such as emergency showers. • Routine testing and maintenance of emergency equipment. • A storage area free of drains, unless they are plugged or protected so waste cannot be

released. • Documented arrangements with local authorities/responders in the event

of an emergency. • Adequate aisle space to access leaking containers. • Containers stored away from equipment routes to prevent releases.

Additional emergency planning requirements apply to small and large quantity generators (SQGs and LQGs). Call the MPCA for fact sheets on these requirements or visit www.pca.state.mn.us/waste/pubs/business.html#general.

Step 9: train personnelSQGs and LQGs are subject to training requirements for hazardous waste. Personnel at VSQG facilities should be familiar with safe waste-handling and emergency- response procedures. OSHA programs require employees to be adequately trained in using fire-suppression equipment and in cleaning up small/incidental spills.

SQGs are required to train personnel according to their responsibilities: • Proper waste handling (proper containers, marking and labeling, storage requirements,

weekly inspections, preparing containers for shipment and manifesting wastes). • Emergency procedures (fire and spill response).

SQGs must document training activities. Documentation should include names of employees trained, training dates and content of the training.

LQGs have more extensive training requirements. Call the MPCA for fact sheets discussing SQGs and LQGs training requirements or visit http://www.pca.state.mn.us/waste/pubs/business.html.

Step 10: keep recordsYour business is required to keep a number of records. For your own protection from future liability, the MPCA recommends you keep these records indefinitely. Electronic records may be used in place of paper copies.

www.pca.state.mn.us/waste/pubs/business.html#general


16

The following records must be maintained for at least three years: • Manifests and manifest exception reports. • Your copy of your initial license application and subsequent renewals. • Analytical reports for wastes. • Documentation of employee training (must be kept for three years after

the last date the employee worked for your company). • Weekly inspection logs of storage areas and containers. • Receipts for used oil and used oil filters. • Records of universal waste, if you are a large quantity universal waste handler. See www.

pca.state.mn.us/publications/w-hw4-62.pdf. • Documentation for feedstocks or byproducts. You may use some wastes in

other products you manufacture. To do this, you must request and receive approval to classify these materials as feedstocks or byproducts.

• Land Disposal Restriction (LDR) notification forms. LDR applies to Small and Large Quantity Generators. Keep these forms with your manifests.

Other records to keep include: • Documentation showing how nonhazardous wastes were determined to be nonhazardous. • Any correspondence from the MPCA, EPA or metro county hazardous waste office. • A log of telephone calls regarding hazardous waste management. • Certificates of destruction or recycling from the disposal facility. • Spill and cleanup records.

Sample spreadsheets and logs for weekly inspections and training records are available from the MPCA or at www.pca.state.mn.us/waste/pubs/business.html#hazardous.

Air

Qua

lity

Solvent use can be reduced by process and procedure improvements. Releases can be made safer by switching to a less hazardous chemical. Solvent use can sometimes be eliminated through the use of aqueous products.

Like-Nu Cleaners, Mankato, switched from using perchloroethylene (perc) to a petroleum-based hydrocarbon solvent for cleaning. Perc, a suspected human carcinogen, is a commonly used to clean clothes in the dry cleaning industry. It is released into the environment from clothes transfer, waste removal, and fugitive or uncontrolled emissions. http://mntap.umn.edu/drycl/MrGreenClean.pdf

17

Hint:

http://mntap.umn.edu/drycl/MrGreenClean.pdf

A I R Q U A L I T Y

19

A I R Q U A L I T Y

19

Start

Do you operate or maintain any equipment, processes, or piles that

generate any air emissions?

Are these emissions "insignificant", "conditionally insignificant" or

"conditionally exempt"?

Calculate your facilities Potential To Emit (PTE).

Does your facilities PTE exceed permitting thresholds?

Are you subject to a New Source Performance Standard (NSPS) or a National Emission Standard for

Hazardous Air Pollutants?

Comply with the NSPS and/or NESHAP.

Does the NSPS and/or NESHAP require an air emissions permit?

You do not need an air emissions permit. Comply with other

applicable regulations.

You do not need an air emissions permit. Comply with other


You need to obtain an air emissions permit. Comply with other


YES

NO

YES

NO

NO

YES

YES

NO

YES

NO

A I R Q U A L I T Y

20

A I R Q U A L I T Y

The need for an air emission permit depends on how much air pollution your equipment can potentially emit — not actual emissions. Even if a permit is not necessary, other air regulations may apply to your facility. This section describes the permitting process and other air regulations.

For more information on air quality regulations: Minnesota Pollution Control Agency (MPCA) at (651) 296-6300 or (800) 657-3864 - If your business has 100 or fewer employees, call the

MPCA's Small Business Environmental Assistance Program (SBEAP) at (651) 282-6143 or toll-free (800) 657-3938.

- Fact sheets are available at www.pca.state.mn.us/ air/pubs/.

AIr eMISSIONS perMItS

Step 1: evaluate your operationsFirst, inventory your operations to determine air emission sources are at your facility. Some typical emission sources are listed below. • Storage piles and unpaved roads: dust from these operations is regulated

as particulate matter (PM) and particulate matter less than 10 microns in diameter (PM10).• Handling and transfer of materials: PM and PM10 emissions may be generated from these operations.• Boilers, dryers, heaters or generators: fossil fuel emissions such as nitrogen oxide (NOx), carbon monoxide (CO), sulfur dioxide (SO2) and PM are regulated pollutants.• Lead smelting: lead (Pb) is a regulated air pollutant.• Use of solvent-containing materials: many common paints and solvents are regulated

as Volatile Organic Compounds (VOCs) or Hazardous Air Pollutants (HAPs). A list of the 187 HAPs can be found at the end of this chapter.

• Plating: many inks, as well as press washes, are regulated as VOCs and HAPs.

If you are unsure whether your business's processes emit air pollutants, call for help. Companies that determine they do not operate any air pollutant-emitting equipment may skip to page 27 to determine whether other air quality regulations apply to their facilities.

20

eMiSSion SourceS

eQuippeD wiTh a

polluTion-conTrol

Device or venTeD

inSiDe The planT

ShoulD be incluDeD

in The invenTory.

www.pca.state.mn.us/air/pubs/

A I R Q U A L I T Y

21

A I R Q U A L I T Y

Step 2: collect relevant data on each emission source Next, determine the significance of emissions sources by collecting the following information: • Age of equipment. • Heating capacity (Btu/hour) or power capacity (horsepower) for each combustion unit. • Process material inputs (consult material safety data sheets (MSDS) for coatings, inks,

solvents, clean-up materials). • Process throughputs- type and quantity of materials entering the process, ending up as

waste products or retained in the product. • Equipment specifications- throughput capacity (e.g., gallons/minute delivered by a spray

gun), type (e.g., airless, air-assisted spray guns, HVLP). • Venting of equipment or emissions (e.g., indoor or outdoor). • Pollution-control equipment- units designed to help capture and control or destroy airborne

pollutants. For small businesses, typical control equipment includes dust collectors (baghouse or cyclone), paint booth filters and afterburners.

Step 3: Determine which emission sources are “insignificant”, “conditionally insignificant”, or “conditionally exempt”A number of emission sources have special designations under air quality rules.

Insignificant activities include: • Hot water heaters used to produce water for personal use, not related to any industrial

process. • Space heaters fueled by kerosene, natural gas, or propane. • Fuel burning equipment with a capacity less than 500,000 Btu/hour (provided the

total capacity of all fuel burning equipment with a capacity less than 500,000 Btu/hour at the entire facility is less than 2,000,000 Btu/hour).

• Routine housekeeping or plant-upkeep activities not associated with primary production.

• Routine maintenance of buildings, grounds and equipment. • Infrequent use of spray paint equipment for routine housekeeping or plant upkeep

activities not associated with primary production, such as spray painting of buildings, machinery, vehicles, and other supporting equipment.

• Equipment that generates PM or PM10 (for example, buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning equipment) that is vented inside the building 100% of the time and does not use air filtering systems to control indoor air emissions.

• Above and below ground fuel oil storage tanks having a combined total storage capacity of less than 100,000 gallons.

• Storage tanks with a capacity not exceeding 10,000 gallons that store non-hazardous, VOC-containing material having a vapor pressure of not more than 1.0 psia (pounds per square inch atmosphere) at 60 degrees Fahrenheit, provided that the VOC - containing material does not include any Hazardous Air Pollutants.

• Alkaline/phosphate cleaners and associated burners. • Vehicle emissions from mobile sources (for example, tail pipe emissions from

forklifts).

21

22

A I R Q U A L I T Y

• Brazing, soldering or welding equipment. • Individual emission units with a Potential To Emit (PTE) less than two tons/year

of CO or less than one ton/year for NOX, SO2, PM, PM10, VOC. For example, a 2,300,000 Btu/hour boiler that can only burn natural gas would have a PTE less than these levels.

See Minn. Rule 7007.1300 for a complete list at www.revisor.leg.state.mn.us/arule/7007/1300.html.

conditionally insignificant activities include:Use of less than 200 gallons or 2000 pounds of VOCs for an entire facility in each calendar year. And equipment that generates PM/PM10 (for example, buffering, polishing, carving, cutting, drilling, machining, routing, sounding, sawing, surface, grinding, or turning equipment) that is vented inside the building 100% of the time and is filtered through an air cleaning system.

See Minn. Rule 7008.4000 for calculation instructions at www.revisor.leg.state.mn.us/arule/7008/4000.html.

conditionally exempt stationary sources include: • Small stand alone gasoline service stations • Concrete manufacturing stationary source.

See Minn. Rule 7008.2000 for qualifying criteria at www.revisor.leg.state.mn.us/arule/7008/2000.html.

These activities need not be considered in determining whether or not an air emissions permit is required unless the MPCA specifically requests the company to calculate these emissions.

If all your company’s emissions are insignificant, conditionally insignificant, or conditionally exempt activities, an air permit is not needed unless a specific air rule requires it. You must still comply with any other air quality rules that apply to your facility (see Step 4 below and page 27).

Step 4: Determine whether standards require a permitEPA develops New Source Performance Standards (NSPS) and National Emission Standards for

Hazardous Air Pollutants (NESHAP) that regulate specific industries or air emission units. Several of these standards require particular sources to obtain an air emission permit. The NSPS and NESHAP standards that mandate permits are listed below. Even if you have determined your facility does not need a permit, you must comply with the requirements of the standard if any NSPS or NESHAP applies to your facility. These standards are enforceable without a permit.

For a complete list of all NSPS and NESHAP standards see forms GI-09D, GI-09A, and GI-09B at www.pca.state.mn.us/air/permits/forms.html.nsps (40 cFr part 60)

22

you MuST coMply

wiTh nSpS anD

neShap

regulaTionS if

They apply To

your operaTionS.

www.revisor.leg.state.mn.us/arule/7008/4000.html

www.revisor.leg.state.mn.us/arule/7008/2000.html

A I R Q U A L I T Y

Subpart Dc Any boilers with a rated capacity between 10 and 100 million Btu/hour constructed,

reconstructed or modified after June 9, 1989 are subject to this NSPS. If this rule is the only reason requiring your facility to obtain a permit, and all of your boilers can burn only natural gas (no backup fuels or interruptible service), you need not obtain a permit. Your facility must still comply with the provisions of Subpart Dc.

Subpart K Petroleum liquid storage tanks greater than 40,000 gallons in size constructed,

reconstructed or modified after June 11, 1973 and prior to May 19, 1978 are subject to this NSPS. Petroleum liquids are defined as petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery. #2-6 fuel oils, #2GT- 4GT gas turbine fuel oils and #2D and 4D diesel fuel oils are exempt.

Subpart Ka Applies to the same sources as Subpart K that are constructed, reconstructed or modified

after May 18, 1978 and prior to July 23, 1984.

Subpart Kb Volatile organic liquid storage tanks with a capacity of 75 cubic meters (19,813 gallons) or

more constructed, reconstructed or modified after July 23, 1984 are subject to this NSPS. If this rule is the only reason requiring your facility to obtain a permit, and all your storage tanks have a capacity of less than 75 cubic meters, you need not obtain a permit. Your facility must still comply with the provisions of Subpart Kb.

nEshap (40 cFr part 63)The NESHAP standards that do not require a permit if the potential to emit is below permit thresholds are listed here: (See Step 5 for an explanation of Potential to Emit). • Subpart M Perchloroethylene Solvent Dry Cleaning • Subpart T Halogenated Solvent Degreasing • Subpart N Chromium Electroplating and Anodizing • Subpart O Commercial Sterilization Operations (ethylene oxide) • Subpart RRR Secondary Aluminum Smelters

Your facility must still comply with any of these standards that apply to your operation. Contact the MPCA's Small Business Environmental Assistance Program (SBEAP) for more information on the status of this issue or visit the MPCA Web site at www.pca.state.mn.us/programs/sbap_p.html. Step 5: calculate your facility's potential to emit (pte)The next step in the permitting process is to determine the potential to emit (PTE) or the worst-case emissions for your facility. For processes meeting the qualifications described in Step 3, you need not calculate the PTE, unless the MPCA specifically asks you to include them in your calculations. PTE is calculated using

23

The Mpca haS

eMiSSion calculaTion

SpreaDSheeTS anD facTSheeTS

To help you.

To obTain TheSe, call

Sbeap or See www.pca.

STaTe.Mn.uS/

inDuSTry/Sbeg/inDex.hTMl.


24

A I R Q U A L I T Y

these general assumptions: • Emission units operate continuously (24 hours per day, 365 days per year). • Material with the most emissions is used or processed 100 percent of the time. For

example, the dirtiest fuel or the coating with the highest VOC content is used 100 percent of the time.

• Emission units operate at physical and operational design capacity. Bottlenecks, process limitations (e.g., conveyors) that restrict production capacity, can be included in PTE calculations.

• Emission units operate uncontrolled. Pollution-control equipment cannot be used in calculating PTE.

There are several different methods used to calculate PTE. These methods include using emission factors, mass balance analysis and air emissions performance test data. Typical operations that often need an air permit based on their PTE include: • fabrication shops with spray • asphalt plants

booths where standard solvent- • grain and materials handling borne coatings are used • boilers and dryers

• autobody shops • aggregate processing additional inFormation:

emission factors Emission factors exist for many types of emission units and processes. These factors

are average emission values from industry data. The factors are usually expressed as the weight of pollutant released per volume or weight of the activity or process. An example of an emission factor is 0.019 lbs of NOx per gallon of propane burned. Emission factors are published by the EPA. The Compilation of Air Pollutant Emission Factors (AP-42) and Factor Information Retrieval System (FIRE) emission factor databases can be found at www.epa.gov/ttn/chief.

Mass balance Mass balance relies on the principle that the material entering a process is equal to that which leaves the process either as a product, a recycled material, an air emission or a waste product. To use a mass balance, you must be certain how the products and processes behave.

performance test data Performance test data or data from a continuous emission monitor can be used in place of emission factors. The data must be taken from a performance test that has been conducted in accordance with the Performance Test Rule or a certified monitor. You can find the rule (Minn. Rules 7011.0720-7011.0725) at www.revisor.leg.state.mn.us/arule/7011/.

Step 6: Determine whether a permit is necessaryIf the PTE for your facility is higher than permitting thresholds in the list below (excluding insignificant, conditionally insignificant, and conditionally exempt activities), you must obtain an air emissions permit from the MPCA. If your business does not need a permit, records must be kept demonstrating a permit is not required. You need to re-examine the need for a permit if your operations change.

24

A I R Q U A L I T Y

permitting thresholds tons/Year

Particulate Matter (PM) 100

Particulate Matter less than 10 microns (PM10) 25

Volatile Organic Compounds (VOCs) 100

Nitrogen Oxides (NOx) 100

Carbon Monoxide (CO) 100

Sulfur Dioxide (SO2) 50

Lead (Pb) 0.5

Hazardous Air Pollutants (HAPs) Individual 10 Combined 25

Step 7: complete a permit applicationThere are two types of air emission permits: State Permits can be General (for example, for aggregate facilities) or facility specific (for a particular aggregate facility, only) and Federal Part 70 (or Title V). Most small businesses need Registration Permits, a type of State General Permit; see description below. Information on State General and Facility Specific and Part 70 permits can be found at www.pca.state.mn.us/air/permits/aboutairpermits.html.

rEgistration pErmits are designed for sources that require an air emissions permit due to a NSPS requirement or for sources that exceed a permit threshold but have low actual emissions. Advantages to a Registration Permit include: • They do not expire. As long as you comply with your permit, you need

not re-apply. • You can change, modify or expand your facility without a permit

amendment. However, if the facility is changed so that it no longer qualifies for a Registration Permit, you must apply for a different type of permit.

• Simplified permit application. • Fewer record-keeping requirements than other permit types.

thErE arE Four typEs oF rEgistration pErmits: option a, option b, option c and option d.Option A permits are designed for facilities required

to obtain an air emissions permit solely due to a NSPS.

Option B permits are designed for facilities that exceed the permit threshold for VOCs but use less than 2,000 gallons of VOC-containing materials in the entire facility per year. Autobody shops and small painting operations are examples of facilities that generally qualify for Option B permits.

Option C permits are designed for facilities that have combustion units (generators or boilers)

25

26

A I R Q U A L I T Y

and VOC sources. These sources must meet an eligibility number which relates to fuel and VOC-usage. Examples of facilities that often receive Option C permits are hospitals, schools and painting facilities.

Option D permits are designed for facilities with actual emissions less than half the permitting thresholds shown on previous page. A wide range of industries qualify for Option D permits.

Assistance in completing the application forms is available from the SBEAP. Permit application forms are also available from the SBEAP or can be found at www.pca.state.mn.us/air/permits/forms.html.

Step 8: comply with your permit and other air quality regulationsFinally, you must comply with your air permit on an on-going

basis. Registration Permits requirements include:

Option A permitsComply with the provisions of the NSPS that applies to the facility.

Option B permitsKeep a yearly total of your purchase or use of VOC-containing material to ensure you remain in compliance with the 2,000-gallon limit.

Option C permitsTrack fuel and VOC usage for the facility monthly. Calculate the facility eligibility number for the current month and the previous 12 months to ensure you remain in compliance with the permit limit of 100.

Option D permits Calculate monthly actual emissions for all significant emission sources at the facility. Every month, you must also calculate emissions for the past 12 months to ensure that actual emissions have not exceeded half the permit thresholds. If you take credit for your control equipment under an Option D permit, you must perform and document daily checks required by the control-equipment rule (MN Rule 7011.0075) and meet all other

applicable requirements of that rule.

All permit holders must also complete an emissions inventory and pay emission fees annually. The inventory report is sent out in late December or early January. The emission fee invoice is mailed from the MPCA in March.

SBEAP has spreadsheets available to help you track compliance and fact sheets to help you understand Registration Permit requirements. Contact SBEAP or visit www.pca.state.mn.us/industry/sbep/index.html for copies.

26

for SMall eMiSSion

SourceS, you May

only neeD To Track

eMiSSionS once a

year. call Sbeap

for aSSiSTance.


A I R Q U A L I T Y

othEr air Quality rEgulations/programsIn addition to the New Source Performance Standards and National Emission Standards outlined in Step 4 above, there are other air quality regulations that do not involve a permit but could still affect your facility. These include:

Asbestos Asbestos is a known cancer-causing agent found in many building materials. Since it has the potential to become airborne through building renovations and demolition activities, the MPCA, Minnesota Department of Health and Minnesota OSHA regulate the removal and disposal of asbestos-containing materials.

CFCs Chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs) and halons destroy ozone in the upper atmosphere. This allows increased ultraviolet (UV-B) rays from the sun to reach the Earth's surface. UV-B rays increase the incidence of skin cancer. They also harm the environment by increasing the formation of smog and by adversely affecting plant life. Regulations control the management of ozone-depleting chemicals from equipment (e.g., appliances, air conditioners and fire-suppression equipment). Products manufactured using ozone-depleting chemicals must meet labeling requirements.

Lead Lead is a known poison, particularly to children, when ingested or inhaled. It is also a suspected carcinogen of the lungs and kidneys. Therefore, specific rules govern the removal of lead-based paints and coatings from steel structures. Operations covered include the sandblasting of trucks, cars, trailers, tractors or other mobile sources, as well as bridges and water towers.

Noise Program The MPCA has standards limiting the amount of noise allowed in the outdoor environment. These standards are designed to protect the public from noise generated by many types of sources including: industrial, commercial, manufacturing and some mobile source activities. Contact Anne Claflin of the MPCA's Noise Program at (651) 282-6672 for detailed information on noise standards.

National Volatile Organic Compound Emission Standards The EPA has promulgated regulations that limit VOCs used in formulating products such as deodorants, charcoal lighter fuel, hair-care products, paints, adhesives and automobile coatings.

Other Other air rules can be found at http://www.pca.state.mn.us/air/pubs/index.html.

27

28

A I R Q U A L I T Y: H A z A R D O U S A I R P O L L U TA N T S

A75070 Acetaldehyde

60355 Acetamide

75058 Acetonitrile

98862 Acetophenone

53963 2-Acetylaminofluorene

107028 Acrolein

79061 Acrylamide

79107 Acrylic acid

107131 Acrylonitrile

107051 Allyl chloride

92671 4-Aminobiphenyl

62533 Aniline

90040 o-Anisidine

1332214 Asbestos

b71432 Benzene

92875 Benzidine

98077 Benzotrichloride

100447 Benzyl chloride

92524 Biphenyl

117817 Bis (2-ethylhexyl)

phthalate (DEHP)

542881 Bis (chloromethyl) ether

75252 Bromoform

106990 1,3-Butadiene

c156627 Calcium cyanamide

133062 Captan

63252 Carbaryl

75150 Carbon disulfide

56235 Carbon tetrachloride

463581 Carbonyl sulfide

120809 Catechol

133904 Chloramben

57749 Chlordane

7782505 Chlorine

79118 Chloroacetic acid

532274 2-Chloroacetophenone

108907 Chlorobenzene

510156 Chlorobenzilate

67663 Chloroform

107302 Chloromethyl methyl ether

126998 Chloroprene

1319773 Cresols/Cresylic acid

(isomers and mixtures)

95487 o-Cresol

108394 m-Cresol

106445 p-Cresol

98828 Cumene

D94757 2,4-D, salts and esters

3547044 DDE

334883 Diazomethane

132649 Dibenzofurans

96128 1,2-Dibromo-3-chloropropane

84742 Dibutylphthalate

106467 1,4-Dichlorobenzene(p)

91941 3,3-Dichlorobenzidene

111444 Dichloroethyl ether

(Bis (2-chloroethyl) ether)

29


542756 1,3-Dichloropropene

62737 Dichlorvos

111422 Diethanolamine

121697 N,N-Dimethylaniline

64675 Diethyl sulfate

119904 3,3-Dimethoxybenzidine

60117 Dimethyl aminoazobenzene

119937 3,3-Dimethyl benzidine

79447 Dimethyl carbamoyl chloride

68122 Dimethyl formamide

57147 1,1 Dimethyl hydrazine

131113 Dimethyl phthalate

77781 Dimethyl sulfate

534521 4,6-Dinitro-o-cresol, and salts

51285 2,4-Dinitrophenol

121142 2,4-Dinitrotoluene

123911 1,4-Dioxane (1,4-Diethyleneoxide)

122667 1,2-Diphenylhydrazine

e106898 Epichlorohydrin

(1-Chloro-2,3-epoxypropane)

106887 1,2-Epoxybutane

140885 Ethyl acrylate

100414 Ethyl benzene

51796 Ethyl carbamate (Urethane)

75003 Ethyl chloride (Chloroethane)

106934 Ethylene dibromide

(Dibromoethane)

107062 Ethylene dichloride

(1,2-Dichloroethane)

107211 Ethylene glycol

151564 Ethylene imine (Aziridine)

75218 Ethylene oxide

96457 Ethylene thiourea

75343 Ethylidene dichloride

(1,1-Dichloroethane)

F50000 Formaldehyde

H76448 Heptacholor

118741 Hexachlorobenzene

87683 Hexachlorobutadiene

77474 Hexachlorocyclopentadiene

67721 Hexachloroethane

822060 Hexamethylene-1,6-diisocyanate

680319 Hexamethylphosphoramide

110543 Hexane

302012 Hydrazine

7647010 Hydrochloric acid

7664393 Hydrogen fluoride

(hydrofluoric acid)

123319 Hydroquinone

I78591 Isophorone

L58899 Lindane (all isomers)

30


M108316 Maleic anhydride

67561 Methanol

72435 Methoxychlor

74839 Methyl bromide (Bromomethane)

74873 Methyl chloride (Chloromethane)

71556 Methyl chloroform

(1,1,1-Trichoroethane)

78933 Methyl ethyl ketone (2-Butanone)

60344 Methyl hydrazine

74884 Methyl iodide (Iodomethane)

108101 Methyl isobutyl ketone (Hexone)

624839 Methyl isocyanate

80626 Methyl methacrylate

1634044 Methyl tert butyl ether

101144 4,4-Methylene bis (2-chloroaniline)

75092 Methylene chloride

(Dichloromethane)

101688 Methylene diphenyl diisocyanate

(MDI)

101779 4,4-Methylenedianiline

N91203 Naphthalene

98953 Nitrobenzene

92933 4-Nitrobiphenyl

100027 4-Nitrophenol

79469 2-Nitropropane

684935 N-Nitroso-N-methylurea

62759 N-Nitrosodimethylamine

59892 N-Nitrosomorpholine

p56382 Parathion

82688 Pentachloronitrobenzene

(Quintobenzene)

87865 Pentachlorophenol

108952 Phenol

106503 p-Phenylenediamine

75445 Phosgene

7803512 Phosphine

7723140 Phosphorus

85449 Phthalic anhydride

1336363 Polychlorinated biphenyls

(aroclors)

1120714 1,3-Propane sultone

57578 beta-Propiolactone

123386 Propionaldehyde

114261 Propoxur (Baygon)

78875 Propylene dichloride

(1,2-Dichloropropane)

75569 Propylene oxide

75558 1,2-Propylenimine

(2-Methyl aziridine)

Q91225 Quinoline

106514 Quinone

S100425 Styrene

96093 Styrene oxidet1746016 2,3,7,8-Tetrachlorodibenzo-

p-dioxin

31


79345 1,1,2,2-Tetrachloroethane

127184 Tetrachloroethylene

(Perchloroethylene)

7550450 Titanium tetrachloride

108883 Toluene

95807 2,4-Toluene diamine

584849 2,4-Toluene diisocyanate

95534 o-Toluidine

8001352 Toxaphene (chlorinated

camphene)

120821 1,2,4-Trichlorobenzene

79005 1,1,2-Trichloroethane

79016 Trichloroethylene

95954 2,4,5-Trichlorophenol

88062 2,4,6-Trichlorophenol

121448 Triethylamine

1582098 Trifluralin

540841 2,2,4-Trimethylpentane

V108054 Vinyl acetate

593602 Vinyl bromide

75014 Vinyl chloride

75354 Vinylidene chloride

(1,1-Dichloroethylene)

X1330207 Xylenes (isomers and mixtures)

95476 o-Xylenes

108383 m-Xylenes

106423 p-Xylenes

cOMpOUNDSAntimony compounds

Arsenic compounds

(inorganic including arsine)

Beryllium compounds

Cadmium compounds

Chromium compounds

Cobalt compounds

Coke oven emissions

Cyanide compounds

Glycol ethers

Lead compounds

Manganese compounds

Mercury compounds

Mineral fibers

Nickel compounds

Polycyclic organic matter

Radionuclides

Selenium compou

Wat

er Q

ualit

y

Keep materials off the floor and away from drains. Low- or non-phosphorus products should be used for cleaning and sanitizing. When dealing with wastewater, equipment is available to help recover process materials or to help reduce the volume of wastewater that needs to be treated as hazardous waste. Select equipment to meet your specific goals, such as lowering overall treatment cost per liter or better removal of specific contaminants. http://mntap.umn.edu/water

Sunny Fresh Foods changed its cleaning and sanitizing chemicals to low- or no phosphorus products. As a result of the change, phosphorus in the company’s wastewater effluent was reduced 80 percent. - MnTAP Source newsletter, 2006 issue 2http://mntap.umn.edu/source/2006-2/sunnyfresh.htm

33

Hint:

WAT E R Q U A L I T Y

35

Start

Do you generate any process wastewater (including noncontact

cooling water)?

Do you store any materials outdoors where it may where it may come into contact with snowmelt or rainwater

or are you planning construction activity that will disturb greater than

one acre of land?

You may need a stormwater permit. (page 41)

Is this wastewater being discharged to a septic system?

This practice needs to be discontinued. Groundwater

contamination may occur and cleanup can be expensive.

Have you determined whether the industrial wastewaters are subject

to a categorical pretreatment standard?

See page 37 for help in determining if a categorical

pretreatment standard applies to your facility.

Are you subject to a categorical pretreatment standard?

You must comply with the provisions of the standard. You may also need a

permit from the MPCA.

Do you discharge wastewater to a sanitary sewer?

You need to receive approval to discharge industrial wastewater from the local wastewater treatment plant.

Go to *(next page)

NO

YESNOYES

NO

YES

NO

NO

YES

NO

YES

YES



36

Do you discharge wastewater to surface or groundwater?

Do you store any materials outdoors where it may come into contact with

snowmelt or rainwater or are you planning construction activity that

will disturb greater than one acre of land?

You may need to obtain a stormwater permit. (page 41)

If you have 25 or more employees and provide drinking water for a

6-month period, you are subject to the Wellhead Protection Program.

(page 46)

You may require a permit for this practice.

You are not required to obtain a stormwater permit.

* Is your facility's drinking water supply a private well?

You are not subject to the Wellhead Protection Program.

YES

NO

NO

YES

YES

NO


37

Industrial wastewater is any wastewater generated from an industrial process. Wash water, rinse water, spent baths and cooling water are all examples of industrial wastewater. Depending on what your business generates and how you dispose of the wastewater, you may be affected by a number of water quality regulations.

The storage of materials outdoors may be regulated under the General Stormwater Permit Program for Industrial Activity. Construction activities that disturb more than one acre of land may be regulated under the Construction Stormwater Permit. These regulations will be discussed in this chapter.

For additional information on water quality regulations:Septic Systems........................................................ (651) 282-6246Pretreatment Standards ....................................... (651) 296-8006Water Quality Discharge Permits ........................ (651) 296-6300Industrial and ConstructionStormwater Permits

Minnesota Pollution Control Agency (MPCA) at (651) 296-6300 or (800) 657-3864 - If your business has 100 or fewer employees, call the MPCA’s Small Business

Assistance Program at (651)282-6143 or (800)657-3938

One other water quality program that could affect small manufacturers is the Wellhead Protection Program. This program is administered by the Minnesota Department of Health. For more information, call the Department of Health at (651) 201-4700.

INDUStrIAL WASteWAter

Step 1: Inventory waste streamsIn order to determine which water quality regulations affect your facility, first inventory the places water is used in your processes and whether industrial wastewater is generated. Even cooling water should be included in the inventory.

Knowing where wastewater is generated is important in determining both the best disposal method and what regulations apply.

Step 2: Determine whether specific standards applyThe EPA has regulations called Categorical Pretreatment Standards that regulate wastewater coming from specific processes. Industries performing any of the processes listed in Table 1 are likely to be subject to one or more categorical pretreatment standard. The most current list can be found at www.pca.state.mn.us/programs/pubs/sbap-ncps.pdf.


38

tablE 1: catEgorical prEtrEatmEnt standards

categorical Standards regulation 40 cFr #

Aluminum Forming 467 Battery Manufacturing 461 Centralized Waste Treatment 437Coil Coating 465 Copper Forming 468 Electrical & Electronic Components 469Electroplating 413Incinerators 444Inorganic Chemicals Manufacturing 415Iron & Steel Manufacturing 420Landfills 445Leather Tanning and Finishing 425Metal Finishing 433 Metal Molding and Casting 464Nonferrous Metal Forming 471Nonferrous Metal Manufacturing 421Organic Chemicals, Plastics & Synthetic Fibers Manufacturing 414Pesticide Manufacturing 455Petroleum Refining 419Pharmaceutical Manufacturing 439Porcelain Enameling 466Pulp, Paper and Paperboard Manufacturing 430Builder's Paper &Board Mills 431Steam Electric Power Generating 423Timber Products Processing 429Transportation Equipment Cleaning 442


39

If your business generates any wastewater from the processes listed in Table 1, you must determine whether you are subject to the pretreatment standard. For information on the standard, call the MPCA at (651) 296-8006.

Step 3: Determine where to discharge wastewatersdisposal to sEptic tanksIndustrial wastewaters cannot be discharged to a septic system (individual sewage treatment system or ISTS). Septic systems are designed to handle kitchen and bathroom wastewater, not industrial wastewater. Industrial wastewater discharged to a septic system may lead to groundwater contamination that can be expensive and difficult to clean up.

An alternative is to dispose of the wastewater at a local wastewater treatment plant. Wastewater is collected in a tank, pumped out periodically and transported to a drop-off point in the sanitary sewer district or at the treatment plant. Companies that pump out septic systems usually provide a pumping and transporting service for industrial wastewater. Prior to discharging any material, you must receive approval from the local wastewater treatment plant. If the wastewater is covered by a categorical pretreatment standard, you may also be required to obtain a permit from the MPCA.

If you need assistance in finding a wastewater treatment plant to process industrial wastewater or you need information on permits, call the MPCA at (651) 282-6246 or visit www.pca.state.mn.us/water/permits. Small amounts of wastewater (less than 10 gallons per day) may be evaporated provided it does not contain any hazardous material (e.g., chromium, solvents) or is not covered by a categorical pretreatment standard.

dischargE to a sanitary sEwErDischarge of industrial wastewater to a sanitary sewer requires approval of the local wastewater treatment plant. If you are subject to a categorical pretreatment standard (see Step 2), you may also need a permit from the MPCA.

Since industrial wastewater can have characteristics that are very different from household wastewater, you may be required to treat your industrial wastewater streams prior to discharge. This process is generally known as “pretreatment” and can be required on any waste streams, not just those subject to a categorical pretreatment standard. Pretreatment may involve: many things, some examples are: • neutralizing the pH of acidic or basic waste streams • removing toxic metals (e.g., lead, chrome, copper, arsenic) • reducing high-strength or concentrated wastes

(e.g., food-processing or rendering wastes) • reducing temperature

You may be required to periodically analyze the industrial wastewater you discharge to ensure compliance with standards. Local wastewater treatment plants may assess an extra charge for waste that requires more treatment than normal domestic sewage.


40

dischargE to surFacE watEr or ground watErDischarging industrial wastewater to surface water (e.g., lake, stream, storm sewer) or ground water requires a permit. This includes noncontact cooling water discharged to a storm drain or wastewater applied to land.

These permits are known as NPDES/SDS (National Pollutant Discharge Elimination System/State Disposal System) permits and are issued by the MPCA. Storage or transfer of materials and products outdoors is also covered under a general permit, which is described in the stormwater program section of this chapter.

Pretreatment, as previously described, removes pollutants that could interfere with the operations of a wastewater treatment plant. Additional treatment steps are generally necessary in order to discharge to surface or ground water. Discharge standards vary in different locations in order to best protect the local environment. Information needed for an NPDES/SDS permit includes:• characterize the wastewater streams

generated (e.g., pH, solids, oxygen demand, toxic chemicals)

• define how materials will be treated• define design flow, discharge duration and frequency.

The permit requires that you test the wastewater periodically to ensure compliance with standards, submit a monitoring report to the MPCA and pay annual permit fees.

For more information on septic systems, pretreatment standards or discharge permits, call the MPCA or visit www.pca.state.mn.us/water/pubs/8_01.pdf.


41

StOrMWAter prOgrAM

If materials and products are stored outdoors where potential stormwater (rainwater or snowmelt) contact exists, you may be required to obtain coverage under the industrial stormwater program.

If you are planning construction activity that will disturb more than one acre of land, you may be required to obtain a construction permit. More information can be found starting on page 45.

INDUStrIAL StOrMWAter prOgrAM

Step 1: Determine whether the program applies to your businessFacilities with certain primary activities and/or SIC codes need industrial stormwater permits or to certify a condition of no exposure. Primary Activities include: • hazardous waste treatment, storage, or disposal facilities • landfills (active, inactive, or closed) • steam electric power generating facilities •wastewater treatment facilities • facilities involved in recycling of material • transportation activities

A list of the type of manufacturers and activities regulated by the Industrial Stormwater Program is shown in Table 2. Visit www.pca.state.mn.us/water/stormwater/sw-sic.pdf for a complete list of affected sources and activities.


42

tablE 2business type or Activity SIc code Miscellaneous Metal Mining 10XXCoal Mining 12XXOil and Gas Extraction 13XXMining and Quarrying of Nonmetallic Minerals (except fuels) 14XXFood and Kindred Products 20XXTobacco Products 21XXTextile Mill Products 22XXApparel and Other Finished Products Made from Fabrics and Similar Materials 23XXLumber and Wood Products 24XXFurniture and Fixtures 25XXPrinting, Publishing and Allied Industries 27XXChemicals and Allied Products 28XXPetroleum Refining and Related Industries 29XXRubber and Miscellaneous Plastic Products 30XXLeather and Leather Products 31XXStone, Clay, Glass and Concrete Products 32XXPrimary Metal Industries 33XXFabricated Metal Products except Machinery and Transportation Equipment 34XXIndustrial and Commercial Machinery and Computer Equipment 35XXElectronic and other Electrical Equipment and Components (except Computer Equipment) 36XXTransportation Equipment 37XXMeasuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; and Watches and Clocks 38XXMiscellaneous Manufacturing Industries 39XXTransportation Activities 4011- 4581 (see website for details)Durable Goods 50XX

Step 2A: certify a condition of no exposure Even if your facility is described in table 2, you may not be required to receive permit coverage. All industrial categories, except construction, may opt out of the permit if all industrial materials and activities are entirely sheltered from stormwater. The Certification of Conditional No Exposure is a simple way of complying with the Clean Water Act. There are no fees for this certification.

A facility is eligible for no exposure if none of the following materials or activities are exposed to precipitation or stormwater runoff now or in the foreseeable future:


43

• Using, storing, or cleaning industrial machinery or equipment, and areas where residuals from using, storing, or cleaning industrial machinery or equipment remain and are exposed to storm water.

• Materials or residuals on the ground or in storm water inlets from spills or leaks. • Materials or products from past industrial activity. • Material handling equipment (except adequately maintained vehicles). • Materials or products during loading, unloading, or transporting activities. • Materials or products stored outdoors (except final products intended for outside use, such as

new cars, where exposure to storm water does not result in the discharge of pollutants). • Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar

containers. • Materials or products handled or stored on roads or railways owned or maintained by the

discharger. • Waste material (except waste in covered non-leaking containers like a covered dumpster). • Application or disposal of process wastewater (unless otherwise permitted). • Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise

regulated (i.e. under an air quality control permit) and evident in the storm water outflow.

Submit written Certification that the facility meets the definition of “no exposure” to the MPCA once every 5 years using the General Stormwater Permit Application for Industrial Activity. Prior to the expiration of your permit.

Failure to maintain the condition of no exposure or obtain coverage under a Stormwater Discharge Permit (see Step 2B) can lead to the unauthorized discharge of pollutants to water, resulting in penalties under the Clean Water Act.

Step 2b: Apply for an industrial stormwater permitAll facilities described in Table 2 that do not certify a condition of no exposure (see STEP 2A) must obtain coverage under a General Industrial Stormwater Permit (or an individual National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) permit.) Information you need to complete the permit application includes:• Legal description of the property from the Public Land Survey (township, range and quarter

section).• Nearest body of water that receives stormwater or snowmelt (e.g., lake, river, stream or wetland).

• Permit numbers for all other permits from the MPCA.• Discharge point for any noncontact cooling water and/or process wastewater used at the

facility.Companies required to obtain coverage must develop a stormwaterpollution prevention plan before submitting an application to the MPCA.If you are required to receive permit coverage, an annual $400 fee is charged.

44


Step 2b (cont.): Develop a stormwater pollution-prevention plan The stormwater permit requires you to develop a stormwater pollution prevention plan. The goal of the plan is to eliminate or minimize stormwater or snowmelt runoff from carrying contaminants into surface waters. The plan needs to include the following: • A drainage map of your site. • An inventory of significant materials that can include:

- raw materials (e.g., petroleum products, stockpiled sand, detergents, plastic pellets, coal, salt, fuels, solvents)

- byproducts/intermediate products (e.g., sawdust, recycled blacktop, taconite or gravel byproduct)

- finished materials (e.g., scrap metal, motor vehicle parts, old process equipment, taconite pellets)

- waste materials (e.g., ash, sludge, slag, liquid wastes) - hazardous substances (e.g., solvents, reactive chemicals, toxic substances) - chemicals regulated under the emergency response program.

• A site evaluation for exposure of significant materials to stormwater and snow melt. • A description of appropriate best management practices that will be implemented at the

facility. Best management practice from the following categories should be considered and one or more should be incorporated if significant materials are exposed:

- Source Reduction (e.g., move materials indoors or cover, clean-up old equipment yards, train employees on proper handling of materials)

- Diversion (e.g., use curbing, berms, sewers to divert stormwater away from exposed materials)

- Treatment (e.g., use oil/water separators, stormwater retention pounds, vegetated swales) • An evaluation of discharge conveyances from the site (storm sewers, pipes, tile lines, ditches,

floor drains, covered sewer inlets and other drainage mechanisms) to determine whether liquids other than stormwater or snowmelt are being discharged from these devices.

• A preventive maintenance program for any stormwater-management device, such as oil/water separators or catch basins.

• Procedures for spills-prevention and -response. • Program for training employees on components and goals of the plan.

• List of personnel responsible for managing and implementing the pollution prevention plan.

Step 2b (cont.): Other permit conditionsSubmit an annual report. Report forms are sent to you by the MPCA each January and aredue back to the MPCA by March 31.

Pay an annual fee of $400. Invoices will be sent to you approximately March 31st and payment is due approximately May 16th (check mailings for exact dates).

Complete the Transfer/Modification form if there are any administrative changes to the facility. If your business moves, the existing permit should be terminated and you should apply for a new permit at the new site.

44


45

Failure to maintain the condition of no exposure or obtain coverage under the Industrial Stormwater General Permit can lead to the unauthorized discharge of pollutants to water, resulting in penalties under the Clean Water Act.

Reapply every 5 years for a new permit 180 days before the expiration date listed on the existing permit. Prior to the expiration of your permit, the MPCA will mail you a reminder to reapply.

Failure to maintain the condition of no exposure or obtain coverage under the Industrial Stormwater General Permit can lead to the unauthorized discharge of pollutants to water, resulting in penalties under the Clean Water Act.

cONStrUctION StOrMWAter prOgrAM

Uncontrolled runoff from construction sites is a water quality concern because of the devastating effects that sedimentation and other pollutants can have on our lakes, rivers, streams, and wetlands.

If you plan to have construction activities that disturbs one or more acres of land, or the activity is part of a common plan of development or sale that disturbs one or more acres of land, you are required to obtain coverage under the Construction Stormwater Permit.

The Construction Stormwater Program requires:• The development and implementation of a Stormwater Pollution Prevention Plan (SWPPP)

with appropriate Best Management Practices (BMPs) to minimize the discharge of pollutants from the site.

• Submission of a Notice of Termination (NOT) when final stabilization of the site has been achieved as defined in the permit or when another operator has assumed control of the site.

The following practices have shown to be efficient, cost effective, and versatile for construction site operators to implement. The practices are divided into two categories: nonstructural and structural.

Reapply every 5 years for a new permit 180 days before the expiration date listed on the existing permit. Prior to the expiration of your permit, the MPCA will mail you a reminder to reapply.

46


WeLLHeAD prOtectION prOgrAM

Small manufacturing facilities that provide their own drinking water from one or more wells to 25 or more employees for at least a six-month period are included in this program. The goal of wellhead protection is to protect public drinking water supplies by effectively managing potential contamination sources in the area that supplies water to the well. Specifically, your role is to manage potential contamination sources that are located on your property. Even if you obtain your drinking water from a community, you may still need to manage potential contamination sources on your property if it is located in someone else’s wellhead protection area.

The Minnesota Department of Health administers the wellhead protection program and can answer questions about your roles in this program. For more information, contact the Minnesota Department of Health at (651) 201-4700 or visit their web site at www.health.state.mn.us/divs/eh/water/swp/index.htm.

Non-Structural bMps• Low Impact Development• Phasing Land Disturbance• Minimizing Disturbance• Preserving Natural Vegetation• Good Housekeeping

Structural bMpsErosion Controls• Mulch • Grass • Stockpile Covers

Sediment controls• Silt Fence• Inlet Protection• Check Dams• Stabilized Constructed Exits• Sediment Traps

Applicants are encouraged to apply for permit coverage electronically, which will allow construction to begin within 48 hours instead of 7 days after receipt of a paper application. There is an application fee for the Construction Stormwater Permit. See www.pca.state.mn.us/water/stormwater/stormwater-c.html for more information.

DeFINItIONS

construction activities can include road building, construction of residential houses, office building, industrial sites, or demolition.

Land disturbance means exposed soil due to clearing, grading, filling, or excavating activities.

common plan of development or sale describes a situation in which multiple construction activities are occurring, or will occur, in a contiguous area.

www.pca.state.mn.us/water/stormwater/stormwater-c.html

www.health.state.mn.us/divs/eh/water/swp/index.htm

A I R Q U A L I T Y

Tank

s

47

TA N K S

4949

Underground Storage Tanks (UST)Start

Do you store a hazardous substance or a petroleum product?

Is the storage capacity 110 gallons or greater?

Submit a "Notification/Change in Status for Underground Storage

Tanks" registration form.

Comply with tank and piping leak-detection requirements.

Provide corrosion protection (for metal tanks only).

Install spill and overfill prevention (required if 25 gallons or more of product is received at one time).

The UST is not regulated.

Notification is not required.UST is not regulated.

YES

NO

NO

YES

Keep records.

50

TA N K S

Aboveground Storage Tanks (AST)

Store or intend to store 1,000,000 gallons or more of a liquid that

may cause pollution to the waters of the state?

You will need to get a permit. Contact the MPCA for

more information.

Store any hazardous substances or petroleum products?

Is the storage capacity 10,000 gallons or greater?

Develop spill planning and response plan.

Is the storage capacity 500 gallons or greater?

Submit a "Aboveground Tank Facility Notification Form".

Provide secondary containment.

Conduct leak/monitoring tests.

Provide spill/overfill containment.

Start

Provide corrosion protection (required for steel AST >1,100 gals).

Follow other applicable tank requirements.

YES

NO

YES

Do you store a liquid that may cause pollution to waters of the state

(including feed based products) and is storage capacity > 500 gallons?

YES

NO

Tank rules do not apply.NOYES

YES

NO

NO

Is the storage capacity 1,100 gallons or greater?YES

NO

TA N K S

51

This chapter contains information about regulations for aboveground and underground storage tanks, and methods to prevent contamination from them.

For more information on tank regulations:Minnesota Pollution Control Agency (MPCA) at (651) 296-6300 or (800) 657-3864If your business has 100 or fewer employees, call the MPCA’s Small Business Environmental Assistance Program at (651) 282-6143 or (800) 657-3938.Fact sheets are available at www.pca.state.mn.us/cleanup/pubs/stortanksfs.html.

UNDergrOUND tANkS

Step 1: Determine whether your tank is regulated.A regulated underground storage tank system is any combination of containers, tanks and piping connected to them where 10 percent or more of the total system is covered with backfill. In addition, the product inside must be a petroleum product or hazardous substance as defined by state rule.

A number of tanks are exempt from federal and state requirements based on size and use. These exempt tanks include: • farm or residential tanks of 1,100 gallons or less capacity storing motor fuel for

noncommercial purposes • equipment or machinery containing regulated substances for operational purposes; such as

a hydraulic lift tank and electrical equipment tanks • underground storage tanks having less than 110-gallon capacity • heating-oil tanks with a capacity of 1,100 gallons or less where the oil is consumed where

stored • septic tanks • liquid traps or associated gathering lines directly related to oil or gas production and

gathering operations • surface impoundments, pits, ponds or lagoons • stormwater or wastewater collection systems • flow-through process tanks • storage tanks situated in underground areas, such as basements, cellars, mines, drifts, drafts or

tunnels if the storage tanks are located upon or above the surface of the floor • storage tanks storing liquids that are gases at atmospheric temperature and pressure

(e.g., LP gas)

Underground storage tanks that hold more than 1,100 gallons of heating oil used to heat the premises where the tank is located must meet state requirements. These requirements can be found in: • Step 2 tank registration and notification of tank removal and installation • Step 4 contractor certification for tank removal, installation and repair

TA N K S

52

Step 2: provide notifications and registrations for underground storage tanksAll regulated underground storage tanks must be registered with the MPCA. If you wish to register a tank or have a tank removed, complete a Notification/Change in Status for Underground Storage Tanks form. The form can be obtained by calling the MPCA or visiting www.pca.state.mn.us/cleanup/ust.html#notification.

You must notify the MPCA at least 10 days before installing or closing a regulated underground storage tank.

The owners of a site where an underground tank is located must also disclose the existence of the underground tank when selling the property. This information must be recorded in the county where the property is located and must include:• legal description of the property where the tank is located• description of the tank• location of the tank• any known release of a regulated substance from the tank• description of any restrictions currently in force because

of any release• name of the tank owner

Step 3: comply with leak-detection requirementsRegulated underground storage tanks (except those holding more than 1,100 gallons of heating oil used to produce process heat and heat the premises where the tanks are located and those that store fuel solely used for emergency generators) must meet leak detection requirements. Leak detection may be conducted in a number of ways: • inventory control in conjunction with tank-tightness testing • manual tank-gauging for tanks of 1,000 gallons or less capacity • manual tank-gauging plus tank-tightness testing for tanks greater

than 1,000 to 2,000 gallons in capacity • statistical inventory reconciliation • automatic tank-gauging • interstitial monitoring for double-walled tanks

Piping systems for tanks may also require leak detection.

• Step 4 corrosion protection for new underground storage tanks

All other underground storage tanks used for petroleum and hazardous materials must meet both federal and state underground storage tank requirements outlined in this chapter. These requirements vary depending upon the date the tank was installed.

TA N K S

53

lEak prEvEntion rEQuirEmEnts type of System requirements

For help in determine what leak-detection equipment or testing is best for your system, contact the MPCA at the telephone numbers listed at the beginning of the chapter.

Step 4: comply with corrosion-protection requirementRegulated metal underground storage tank systems were required to be upgraded with corrosion protection by December 22, 1998. All regulated tanks (e.g., metal, fiberglass, composite) were also required to install spill prevention and overfill prevention by December 22, 1998. The goal of these requirements is to minimize releases due to corrosion of tanks and piping, overfills and spills.

Regulated heating oil tanks larger than 1,100 gallons installed after August 1, 1985 should have been installed with corrosion protection. These tanks are not subject to the spill and overfill protection standards, but upgrades are recommended. In general, used (waste) oil tanks are not subject to spill-containment or overfill-prevention requirements.

All regulated metal underground storage tanks must have the corrosion-protection system tested within six months of installation or upgrade, and every three years thereafter.

Regulated tanks not upgraded by December 22, 1998 must be removed or replaced. Facilities with tanks and piping systems out of compliance may be issued a red tag, which prohibits fuel delivery. There may also be an enforcement action and monetary penalty as a result of failure to comply.

prEssurizEd systEmsRequires both continuous and periodic leak detection.

suction systEmsIf system has a check valve solely at the dispenser, then leak detection testing is not required.

continuous:• Automatic Flow Restrictor• Automatic Shutoff Device• Continuous Alarm

pEriodic:• Annual Line Tightness Test• Statistical Inventory Reconciliation• Electronic Line Leak Detector• Interstitial Monitoring

whErE rEQuirEd:• Line Tightness Test Every Three Years• Statistical Inventory Reconciliation• Interstitial Monitoring

TA N K S

54

A certified contractor or supervisor must be used to remove, replace or repair a regulated underground storage tank system. A list of contractors is available from the MPCA at www.pca.state.mn.us/publications/ust-cert.pdf. Make sure to get bids from several contractors and check each one's work experience. Industry associations can sometimes supply information on specific contractors.

Step 5: comply with temporary closure requirementsRegulated tanks that are not actively used can be put into temporary closure. Facilities putting regulated tanks into temporary closure must notify the MPCA within 30 days. Facilities must use a Notification/Change in Status for Underground Storage Tanks form, available from the MPCA or at www.pca.state.mn.us/cleanup/ust.html.

Tanks that contain product when put into temporary closure must have corrosion protection and meet leak-detection requirements. Empty tanks (those containing less than one inch of product) do not require leak detection. Tanks can remain in temporary closure for up to one year. After one year these tanks must be placed back in service, removed, replaced, or abandoned and filled in place with a cement concrete slurry or polyurethane foam. Abandonment is subject to the approval of the State Fire Marshall's Office. Their phone number is (651) 215-0500.

For all tanks put into temporary closure for more than three months: • The vent for the tank must remain open. • The tank openings must be capped. • The dispensers must be locked and secured.

Step 6: Maintain necessary records Facilities with regulated underground storage tanks must maintain records for corrosion protection, release detection, system repairs and tank closures. These records include:test results indicating whether the corrosion protection is adequate for the tank system (must be kept for at least 6 years); release detection, sampling, testing and monitoring records (must be kept for ten years); documentation of manufacturing claims for release-detection equipment (must be retained for the life of the system); system repair records (must be maintained for the life of the tank system); and permanent closure records (must be kept three years).

othEr hElp:

Underground Storage Tanks in Minnesota: Answers to commonly-asked questions . To receive a copy of the booklet call the MPCA or visit www.pca.state.mn.us/publications/ust-faqbooklet.pdf.

A series of fact sheets on the tank rules are available from the MPCA at www.pca.state.mn.us/cleanup/pubs/stortanksfs.html.

www.pca.state.mn.us/publications/ust-faqbooklet.pdf

www.pca.state.mn.us/cleanup/pubs/stortanksfs.html

TA N K S

55

AbOVegrOUND tANkS

Step 1: Determine whether your tank is affectedIf you store liquid substances, you may be subject to aboveground storage tank regulations. There are two parts to consider: • Notification requirements • Technical requirements and performance standards

NOtIFIcAtION reQUIreMeNtS FOr AbOVegrOUND StOrAge tANkS:

Owners of aboveground storage tanks that are 500 gallons or larger and contain a hazardous material or petroleum product must notify the Minnesota Pollution Control Agency (MPCA) within 30 days of installation or discovery of these tanks. In addition, tank owners are required to notify the MPCA within 30 days of change of product or change of status of the tanks.

Tanks excluded from this requirement include:• Farm or residential tanks that are 1,100 gallons or less storing motor fuel used for

non-commercial use;• Heating oil tanks that are 1,100 gallons or less;• Tanks storing liquids that are gaseous at atmospheric temperatures and pressure;• Tanks used for storing agricultural chemicals regulated by the Minnesota Department

of Agriculture.

Notification requirements can be met by completing an Aboveground Storage Tank Facility Notification Form and submitting it to the MPCA. The form is available from the MPCA at the number listed in the beginning of this chapter or at www.pca.state.mn.us/publications/t-a1-20.pdf.

If substances have not been added or removed from a regulated aboveground storage tank for a year or more, the owner must maintain and monitor the tank; declare the tank inactive and follow out-of-service requirements; or remove the tank. Within 30 days, an updated aboveground storage tank notification form must be submitted by the owner to the MPCA. The fact sheet Out-of-Service Tank Systems explains more about these requirements.

Aboveground storage tanks storing liquid substances that may cause pollution to the waters of the state may be regulated. Types of stored substances affected by these regulations can range from petroleum to food products. If your company stores or intends to store 1,000,000 gallons or more of a liquid substance, a permit is needed. Contact the MPCA for more information. Companies with less than 1,000,000 gallons of aboveground storage may be subject to technical requirements and performance standards.

www.pca.state.mn.us/publications/t-a1-20.pdf

TA N K S

56

A number of aboveground storage tanks are exempt from these requirements based on their size or use. These include: • tanks located at a farm and used for farming purposes • tanks less than 500 gallons in size • tanks between 500 gallons to 1,100 gallons that are beyond 500 feet of a Class 2

Surface Water (aquatic life and recreation use) • tanks located on a site for 30 days or less • indoor tanks • aboveground storage tanks holding 1,100 gallons or less used to store heating oil for

on-site consumption • wastewater treatment equipment, including a wastewater clarifier, wastewater

treatment basins, tanks regulated by a National Pollutant Discharge Elimination System permit (NPDES), State Disposal System permit (SDS), or another pretreatment system permit

• equipment holding substances used for operational purposes like integral hydraulic lift tanks, lubricating oil reservoirs for pumps and motors, and electrical equipment

• aboveground storage tanks containing hazardous wastes subject to a treatment or storage permit

• stormwater collection systems and septic systems • aboveground storage tanks containing agricultural chemicals regulated under

Minnesota Statutes 18B, 18C, 18D • a vehicle like a tank truck or a railroad car designed to transport substances from

one location to another unless it remains in the same location more than 30 days • aboveground storage tanks containing drinking water, filtered surface water,

de-mineralized water, noncontact cooling water, or water stored for fire or emergency purposes

• tote tanks • compressed gas tanks • stainless steel tanks containing any substance that is not a petroleum product or

hazardous substance • surface impoundments, pits, ponds, or lagoons • residential aboveground storage tanks storing 1,100 gallons or less of motor fuel

used for noncommercial purposes

Step 2: ensure that secondary containment is in placeAll aboveground storage tanks need to have a secondary containment area that will prevent a release to the environment. If more than one product is stored within a containment area, the products must be compatible with each other.

Tanks installed before November 2, 1998 These tanks are currently required to have a continuous dike surrounding the tank to prevent releases from contaminating surface waters. As of November 1, 2003, the containment volume should equal 100% of the largest tank within the containment area with an additional 10% for containment areas exposed to precipitation. Also, the secondary containment system must be made of specific materials. Soil is allowed if it meets specific permeability requirements. For more information on material options or permeability testing requirements, contact the MPCA.

TA N K S

57

Tanks installed after November 1, 1998At the time of installation, these tanks are required to have secondary containment constructed of specific materials. Clay is allowed if it meets specific design and permeability requirements. The containment volume must be at least 110% of the largest tank. In addition, the area directly under a tank must be designed and constructed with an acceptable method of leak detection.

Note that double-walled tanks satisfy secondary containment requirements. For more information on other options, refer to the Secondary Containment for Aboveground Storage Tanks fact sheet or visit www.pca.state.mn.us/publications/t-a4-01.pdf.

Step 3: perform leak monitoring testsTanks must be routinely monitored to ensure they are not leaking. The frequency of this monitoring depends on the containment permeability. If permeability of the secondary containment area is 10-7 cm/second, and the area under the tank is designed for leak detection, a weekly check for leaks in the containment area is required. If permeability of the secondary containment area does not meet these requirements, a containment area check is required every 72 hours. In addition to the checking for leaks, all tanks, piping, and containment areas must be visually inspected monthly to ensure they are in good condition.

If a facility has underground lines associated with their aboveground storage tank, they must be tested for leaks annually. For more information, please refer to the Monitoring Requirements fact sheet or visit www.pca.state.mn.us/publications/t-a1-03.pdf.

Additional requirements apply to facilities that have one or more aboveground storage tanks with a capacity of 2,000 gallons or greater AND the storage tanks are used to store petroleum products for subsequent resale. For further information, call the MPCA for the Petroleum Product Delivery Law fact sheet or visit www.pca.state.mn.us/publications/t-a4-20.pdf.

Step 4: ensure corrosion protection is in placeAboveground storage tanks installed after November 1, 1998, must have corrosion protection in place for the tank floor. Corrosion protection options include: • elevating tanks above the ground • resting tanks on a continuous concrete slab designed to prevent water accumulation

around or under the tank • installing double-walled tanks • cathodically protecting and internally lining tank floors • cathodically protecting and internally inspecting tanks according to American

Petroleum Institute (API) protocol • internally lining tanks and internally inspecting according to API protocol

All lines or piping connected to a tank must be double-walled, located aboveground or cathodically protected.

Aboveground storage tanks installed prior to November 2, 1998, were required to have corrosion protection on the tank and underground lines by November 1, 2003. There are

TA N K S

58

exclusions to this requirement for tanks having certain types of containment. For more information about corrosion protection call the MPCA for the Corrosion Protection for Aboveground Storage Tanks fact sheet or visit www.pca.state.mn.us/publications/t-a2-01.pdf.

Step 5: ensure that spill and overfill containment is in placeSubstance transfer areas must be equipped with spill containment that can effectively contain a release at the connection point and vehicle during transfers. For more information on spill containment call the MPCA for the Substance Transfer Area Requirements fact sheet or visit www.pca.state.mn.us/publications/t-a4-10.pdf.

All regulated tanks must be equipped with overfill prevention equipment. Aboveground storage tanks installed before November 2, 1998, must have had overfill protection by November 1, 2003. Tanks installed after November 1, 1998, must be equipped with overfill protection at the time of installation. For more information on overfill protection, please refer to the Overfill Protection fact sheet or visit www.pca.state.mn.us/publications/t-a4-03.pdf.

Step 6: Follow other applicable tank requirementsGeneral requirements apply to many tanks. If applicable, follow these rules: • Underground storage tanks of any size cannot be used as aboveground storage tanks; • Tank owners and operators must clearly label the contents of all tanks and lines

(piping); • If a person is not on site 24 hours a day, the tank facility needs to have a sign posted

with a name, address, and phone number of an emergency contact (owner, operator, or local emergency response);

• Most field-erected tanks are required to be internally and externally inspected using American Petroleum Institute (API) protocol. Field-erected tanks are tanks that are constructed by final assembly on site;

• Owners or operators removing aboveground storage tanks must sample the area around the tank to ensure that there is no contamination resulting from substances stored in the tank;

• Tanks that are greater than 500 gallons in capacity and less than or equal to 1,100 gallons in capacity and located within 500 feet of a Class 2 Surface Water must meet the notification, labeling, and secondary containment requirements only. A Class 2 Surface Water includes any waters used for fishing, fish culture, bathing, or any recreational purpose for which quality is or may be necessary to protect aquatic life, terrestrial life, or the public health, safety and welfare;

• Tanks that store product for longer than 30 days, but less than one year, are considered temporary tanks. These tanks must be labeled, have a facility sign posted, provide secondary containment, and be maintained;

• Owners of regulated aboveground storage tanks that are larger than 1,100 gallons in capacity are required to keep records about the system design, containment area evaluation, tank monitoring and tank inspections.

For more information on these requirements contact the MPCA or visit www.pca.state.mn.us/cleanup/ast.html.

www.pca.state.mn.us/cleanup/ast.html

A I R Q U A L I T Y

59

Clea

nup

& R

emed

iatio

n

59

C L E A N U P A N D R E M E D I AT I O N

61

SUPERFUND (NonPetroleum Sites)

PLEASE NOTE: Due to the complexities of the cleanup process, these programs may not necessarily function in the linear fashion depicted on these flowcharts.

Start

Release detected.

Is immediate or emergency actions necessary?

Conduct preliminary assessment.

Is further remedial action needed?

Possible listing on State or Federal Superfund list. Conduct

remedial investigation.

Take immediate action to eliminate or stabilize the threat.

No further action required.

Develop feasibility study including evaluating cleanup alternatives.

Propose cleanup plan.

Conduct site cleanup.

Delist or close site once response actions are completed or in long-term operation and maintenance.

NO

YES

YES

NO

62


PETROLEUM REMEDIATION PROGRAM

(Petroleum Tank Release Sites)Start Release detected.

Tank pulled? Emergency or high priority? (i.e., free product, potential drinking well contamination, potential vapor

problems, release in environmentally sensitive areas).

Does soil excavation policy require additional investigation?

Conduct limited site investigation (LSI).

Contact MPCA and initiate response actions.

Submit LSI report.Is an aquifer impacted above HRLs

(or likely to be)?Complete full remedial

investigation (RI).

Submit excavation report. MPCA report review. Submit report or request information.

Action completed?

MPCA closes the site.

MPCA requests additional information or work be completed.

NO

NOYES

NO

YES

YESNO

NO YES

YES

NO


63

This chapter contains information about the MPCA’s assessment and remediation programs. These programs include: the Superfund Program, the Voluntary Investigation and Cleanup (VIC) Program, the Petroleum Remediation Programs (PRP), and the Petroleum Brownfields Program (PBP). The Superfund and VIC programs oversee the environmental investigation and cleanup of hazardous substances, pollutants or contaminants, while the PRP and PBP program oversee the environmental investigation and cleanup of petroleum releases.

Please refer to the Emergency and Pollution Prevention Planning chapter for spills and release reporting requirements from permitted or licensed operations.

Important program telephone numbers: - Superfund Program ..................................................................... (651) 297-8609

- Petroleum Remediation Program (formerly LUST) and Petroleum Brownfields Program (formerly VPIC) .................. (651) 297-8573

- Voluntary Investigation and Cleanup Program (VIC) -- hazardous substances releases....................................................................... (651) 296-7212

- Property File Reviews Superfund and VIC ..................................................................... (651) 296-7805

PRP and PBP................................................................................ (651) 297-2715

When buying or selling real estate property, or when reviewing your facility operations, you may discover that a release of petroleum or hazardous substance had occurred. State law requires that these historic releases be reported to the State Duty Officer at:

(651) 649-5451 if calling within the Twin Cities Metro Area or outside Minnesota; (800) 422-0798 if calling within Minnesota but outside the Twin Cities Metro Area.

After you’ve reported the petroleum or hazardous waste contamination to the State Duty Officer, MPCA assessment and remediation program staff may contact you if appropriate. In majority of cases the contamination may need to be assessed and, in some cases, remediated to the extent necessary to protect human health and the environment.

MPCA VIC and PBP programs are fee-for-service programs that can help facilitate your real estate property transactions by providing reviews of environmental workplans and reports, offering technical assistance, and the issuance of liability assurance letters. The types of assurance letters we offer are listed following the VIC and PBP sections.

SUperFUND

Hazardous substance cleanups have traditionally fallen under the state Superfund program. Because of the degree of environmental risk and rigorous reporting requirements, Superfund cleanups often take years to complete.


64

Step 1: preliminary assessmentA preliminary assessment is done to determine if any action is necessary. Sites posing a clear threat to human health and the environment receive immediate action. Others that present little threat may need no further action. If an emergency situations exists, action to remove or stabilize the threat is undertaken (e.g., providing drinking water to affected persons). Some sites may require an initial removal action to address immediate threats. A removal action is performed as quickly as possible and may include hauling away hazardous material or excavating leaking drums. Unless the removal action addresses the pollution problem completely, a remedial process begins.

Step 2: remedial processThe Superfund remedial process includes all steps needed to remediate a polluted area to the cleanup goals for the site.

The first step is a remedial investigation, where all aspects of the site are evaluated, with a focus on how the pollution may affect people and ecosystems now and in the future. This phase may involve ground water monitoring, soil sampling and air quality monitoring to determine what the problems are and what needs to be done. The responsible party usually hires consultants to conduct the remedial investigation and submits reports to the MPCA. Where no responsible party is identified or where a responsible party may be unwilling or unable to conduct investigations, the MPCA hires a consultant to conduct the remedial investigation.

Step 3: Feasibility studyData from the remedial investigation are used in a feasibility study, which is a study of cleanup alternatives. The feasibility study is designed to look at workable alternatives. Alternatives are evaluated based on a number of criteria, including: • protection of human health and the environment • compliance with applicable rules • long- and short-term effectiveness

• reduction of toxicity, mobility and volume through treatment, state and community acceptance

• overall cost

Step 4: proposed plan and decision documentAfter cleanup alternatives are evaluated, recommendations are presented at a public meeting, and comments are solicited. The selected cleanup remedy is presented in a document called the Minnesota Decision Document (or Record of Decision at a federal Superfund site).

Step 5: Site cleanupAfter the cleanup remedy is selected, engineering plans and specifications are prepared. The remedial design must be approved before construction, installation or removal of contaminated substances (referred to as the remedial action) can begin.

The reSponSible parTy iS The

owner or operaTor of a faciliTy,

owner of hazarDouS SubSTance,

polluTanT or conTaMinaTe who

arrangeD for iTS DiSpoSal or

TreaTMenT, or The TranSporTer.


65

VOLUNtArY INVeStIgAtION AND cLeANUp (VIc) prOgrAM

The impetus behind the Land Recycling Act, which established the VIC Program, came from the requirements of property transactions, including quicker regulatory turnaround and the need to resolve liability issues. The VIC Program encourages cooperative relationships with responsible or voluntary parties. This allows for a streamlined regulatory approach to cleaning up sites to the same level of protection required by Superfund. For VIC cleanups, the same cleanup standards must be met in order to receive final approval from the MPCA, but some tasks and issues associated with Superfund are avoided.

The VIC Program uses a decision framework similar to that of Superfund. A Phase I Investigation is conducted to record current and historical activities and potential environmental impacts at the site. The results of a Phase I Investigation are used to develop a Work Plan for a quantitative Phase II Investigation, during which actual impact is measured.

Sometimes an investigation warrants immediate action, such as removal of waste-filled barrels to minimize risk. Most sites do not require immediate action. However, if there is a risk to human health and the environment, a Response Action Plan is proposed.

Remedies implemented to mitigate contamination or a threatened release may involve cleanup of the contamination, developing and maintaining measures to control human and environmental exposure as well as long-term monitoring. A Contingency Plan and Safety Plan is prepared to ensure proper implementation of the remedies and to provide emergency action protocols to follow. Finally, a Response Action Plan Implementation Report is submitted, documenting that cleanup goals have been met.

Written liability assurances from the VIC Program can be issued at various points in the process and may or may not mark closure of the site file. Typically, when cleanup goals are achieved and an environmental assurance issued, the site file is considered closed. However, assurances may include conditions under which the site may be reopened. For example, sites may be reopened if additional evidence of environmental contamination or threat to the public becomes apparent.

possiblE vic assurancEs and lEttErsThese assistance letters are provided when a voluntary party asks the MPCA for an opinion about the adequacy of an investigation or cleanup plan. Such opinions are requested when an objective third-party opinion is desired for purposes other than receiving administrative or legal assurances.


66

No-Action Determination These determinations provide voluntary parties with assurances that the MPCA will not pursue enforcement against them under state Superfund law. They are offered in two different cases:

1. Contamination has been detected, but at levels not considered significant by the MPCA; therefore, no cleanup is required.

2. Contamination has been found and a cleanup plan is approved by the MPCA and implemented by the voluntary party; therefore, no further cleanup is required.

Limited No-Action Determination These determinations provide assurances that may only address part of the property, phase of development or specific set of contaminants.

1. At sites where only the soil is investigated and cleaned up, the no-action letter will contain disclaimers about the groundwater. This means that MCPA will take no action for soils, but reserves the right to pursue ground-water cleanup.

2. At sites where only a piece of the property is cleaned up, the no-action letter provides partial liability assurance. However, the MPCA reserves the right to pursue further cleanup for the rest of the property.

3. At sites where some contaminants, but not all, were investigated and cleaned up, the no-action letter will provide assurance with regard to specific chemicals. The MPCA reserves the right to require cleanup of other contamination problems not addressed.

All No Action Determinations allow the MPCA to take future action based on previously unknown information about the property or the contamination.

Certificates of Completion These are provided when the voluntary party has conducted a thorough investigation of the site and MPCA-approved cleanup actions have been fully implemented. Persons not otherwise legally responsible for contamination can conduct an approved partial or complete cleanup. (Legally, responsible parties must complete a cleanup that addresses all identified contamination on the property.)

Parties not legally responsible for the site, including lenders, owners and developers, receive full protection from future state Superfund liability, even if some contamination is not discovered until later or if the cleanup later turns out to be inadequate and additional cleanup is necessary.

No Association Determination These assurances help eligible voluntary parties who want to take some action, including operating a business on a contaminated site, but don't want to be associated with known contamination for Superfund liability purposes. These assurances may also apply to past actions taken on the property.

call The vic prograM for

aDDiTional prograM inforMaTion

or guiDance DocuMenTS, or viSiT

www.pca.STaTe.Mn.uS/

cleanup/vic.hTMl.

www.pca.st ate.mn.us/cleanup/vic.html


67

petrOLeUM reMeDIAtION prOgrAM

The Petroleum Remediation Program (PRP) takes a risk-based approach to corrective action at petroleum tank release sites. The risks targeted are those posed by petroleum contamination that had:

• contaminated or may contaminate a drinking water well • led to or may lead to unsafe levels of petroleum vapor in structures or utilities • contaminated or may contaminate surface waterbodies

Step 1: Immediate actions necessaryQuick action is often warranted at recent releases in order to avoid a more difficult or costly assessment and remediation. Emergency sites and some high-priority sites generally require immediate action. Petroleum release sites with a contaminated drinking water well, or high vapor levels in basements or utilities are often managed initially by the MPCA’s Emergency Response Unit. The objective of initial actions is to stabilize the high risk conditions.

If additional environmental work is necessary at your site after the high risk conditions are stabilized, the Petroleum Remediation Program will assume the lead role to assist and oversee additional compliance needs. You may hire a qualified environmental consultant to assist you.

At some sites where underground storage tanks are being excavated for maintenance, removal, or replacement, the removal of petroleum contaminated soil may be appropriate as an immediate form of corrective action at the time of the excavation. The removal of a reasonable volume of petroleum contaminated soils is routinely approved if soil excavation alone will address the environmental compliance needs at a site, or if partial removal of contaminated soil would greatly reduce the environmental risks at a site where completing a standard assessment would be challenging from an environmental investigative standpoint. An example of an environmentally challenging investigation is the assessment of contamination in carbonate or crystalline bedrock aquifers.

Step 2: remedial investigationA Limited Site Investigation (LSI) or a full remedial investigation (RI) is required at all petroleum tank release sites except at those sites where excavation alone addressed the contamination. The purpose of a limited site investigation is to provide a “snapshot” of site contamination conditions. A limited site investigation does not involve the installation of groundwater monitoring wells, and for the majority of petroleum tank releases a complete limited site investigation is sufficient to address the site’s environmental compliance needs. The purpose on a full remedial investigation is to assess the trend of groundwater contamination over time. This involves the installation of monitoring wells and multiple rounds of groundwater sampling.

Due To variable SiTe conDiTionS anD

The Degree of conTaMinaTion, STepS

reQuireD To clean up a Specific SiTe

will Differ. Typical acTionS incluDe

The following STepS.


68

Objectives of an limited site investigation: • Evaluate the drinking water, surface water, and vapor risks posed by the release. • Determine the extent of soil contamination. • Evaluate whether there is a sufficient distance between contaminated soil and

ground water. • Determine whether ground water has been impacted. • Determine whether free product is present (free product poses a potential high

risk condition). • Assess vapor risk potential. • Assess surface water risk potential.

Begin by doing a limited site investigation. If during the course of completing a limited site investigation it becomes apparent that a full remedial investigation is needed, do a full remedial investigation. A qualified environmental consultant will know when a limited site investigation only will suffice and when a full remedial investigation is needed. Submit a limited site investigation report if a full remedial investigation is not needed. The Petroleum Remediation Program project manager will make every effort to respond to your limited site investigation report within 120 days after receiving it. At this point, your site would be eligible for closure if you submit a complete limited site investigation and the risks posed by the petroleum release is low. But if your limited site investigation report is missing some critical information or is incomplete, the Petroleum Remediation Program staff would likely request that you provide the missing information or do the additional work to complete the a limited site investigation. It is also possible that the Petroleum Remediation Program staff will request that a full remedial investigation be completed.

The primary difference between a full remedial investigation and a limited site investigationis that a full remedial investigation requires additional hydrogeologic information, includinggroundwater monitoring data. If information gathered during a full remedial investigation suggests that an active remediation is needed, the remedial investigation report should recommend it and include a conceptual plan for a remediation method or technology. Sites requiring active remediation are given a higher priority.

Step 3: Site closure

Before a site can be considered for closure, free product (if present) must be recovered to the extent practicable, and a high risk condition must be reduced to an acceptable low risk. When low risk condition is met, the site is eligible for closure. This may occur after each phase of investigation or corrective action. Because risk-based decisions are largely based on current land-use conditions, sites may have petroleum contamination remaining at time of closure. Therefore, when considering or planning a redevelopment project at a closed petroleum release site, you should expect to encounter some soil and possibly groundwater contamination. The PBP will be able to assist most of your environmental needs associated with redevelopment at a closed petroleum release site.


69

petrOLeUM brOWNFIeLDS prOgrAM (pbp)

The Petroleum Brownfields Program (PBP) provides technical assistance and liability assurances. Participation in the program is voluntary, but volunteers are expected to meet the same level of investigation and, when necessary, remediation requirements of the Petroleum Remediation Program. Services available through PBP are listed below.

tEchnical assistancEExpedited review of petroleum contamination investigations and cleanups

Transfer or financing property with petroleum contamination originating from anon-site storage tank often hinges on MPCA approval of corrective actions requiredunder the Petroleum Tank Release Cleanup Act (Minn. Stat. 115C). Because time isoften of the essence, the PBP Program offers an expedited review of the reportsrequired. PBP staff will make every effort to respond within 30 days from the receipt of a report. For many properties, quicker review can lead to quicker corrective-action approval and/or file closure.

PBP staff can review investigation and corrective actions for petroleum contaminationthat did not originate from an on-site storage tank. PBP staff will close the site filewhen they conclude that investigation and/or cleanup has adequately addressed thecontamination. Obtaining file closure can be vital to the sale of these petroleumnontank release sites.

Review of development response action plansEven after cleanup or MPCA file closure, most properties still have some contaminationremaining. State law requires that persons properly manage contaminated soiland water they uncover or disturb, even if they are not the party responsible forcontamination.

Owners of property where contaminated soil or water might be encountered mustinclude provisions called “response actions” in development plans, for managementof contaminated soil or water. For some properties, actions may be needed toprevent further spreading of the contamination or to prevent vapors from enteringbuildings or utility access shafts. MPCA can approve proposed response actions.By obtaining MPCA approval, property owners, purchasers, developers and lenderscan be reasonably confident of what is required if contamination is uncovered.In addition, cost-saving measures can be approved, such as using contaminated soilon-site as “controlled fill.”

Liability Assurance Letters Lenders, mortgagors or purchasers often require assurance to demonstrate they arenot responsible for contamination at a property. PBP staff can issue several typesof letter that confirm this. These letters also cover successive purchasers of theproperty, as long as they were not in some way responsible or involved with theoriginal release.


70

Leak Site Tank Removal Verification Letter

This letter verifies removal of the storage tank(s) that caused the petroleum contamination. It states that the property was the site of a petroleum tank release and that the prospective buyer or lender (and, in some cases, the current owner) is not a responsible party because that tank(s) was removed.

Leak Site File Closure Confirmation LetterThis letter confirms the status of a closed leak site and can serve to add informationto the site file after the file is closed. The letter confirms that a petroleum tankrelease occurred at the property and the file closure status is still valid.

Off-Site Tank Release Determination LetterThis letter identifies the source of petroleum contamination and states that the ownerof the affected property is not a responsible party for the contamination. To obtainthis letter, information is required to show there is no on-site source of contaminationand that the contamination migrated to the property from an off-site tank.

General Liability LetterThis letter states the definition of a “responsible party” in accordance with Minn. Stat.115C and special provisions of the statute as it relates to mortgagors. In short, itstates that, if a person comes into possession of property after tanks are removed, thatperson is not a responsible party and cannot be ordered to take corrective actionunder this statute.

For more information about the VPIC Program or questions regarding transfer ordevelopment of petroleum-contaminated property call (651) 297-8573 or visit our website at www.pca.state.mn.us/programs/vpic_p.html.

othEr sErvicEsThe MPCA has a web page that titled "What's in my Neighborhood?" that contains a searchable inventory of properties that the MPCA has identified and assisted to clean up. The inventory also currently enrolled in MPCA cleanup programs. The web page is located at www.pca.state.mn.us/backyard/neighborhood.html.

www.pca.state.mn.us/backyard/neighborhood.html

A I R Q U A L I T Y

71

Emer

genc

y &

Pol

lutio

n Pr

even

tion

Plan

ning

A preventive maintenance program should be in place to prevent spills and leaks and to maintain the plant at maximum efficiency. Without hazardous chemicals, you don't have employee exposure. You don't have spills and emissions for the community to worry about. Companies that use pollution prevention as a tool not only reduce risk, they can reduce the costs of raw material purchasing, regulatory compliance, and waste management for real bottom-line impact.http://www.mntap.umn.edu/source/2005-2/disasters.htm

As part of pollution prevention planning, identify the specific sources of each waste or loss for the operation by analyzing its root causes. A cause and effect/fishbone diagram is a helpful tool. It requires you to consider the major categories of potential causes—people, materials, procedures and equipment. Then propose solutions to be evaluated. Concentrate on the process steps you deem particularly important or process steps that appear to have relatively large waste streams.http://mntap.umn.edu/prevention

71

Hint:

73

E M E R G E N C Y A N D P O L L U T I O N P R E V E N T I O N P L A N N I N G

73

Take inventory of chemicals stored or used at your business.

Does your facility store, transport or handle oil or hazardous

substances?

You are subject to the Spill Bill. See Step 2.

Determined if you store any substances included on the

list of Extremely Hazardous Substances. See Step 3

Is the quantity of materials containing Extremely Hazardous Substances equal to or above 500 pounds (one 55 gallon drum) or

the threshold planning quantities?

You may be subject to Section 302 and are subject to Section

311/312. These sections require you to notify the Mn EPCRA

Program and local authorities of the chemicals you have on site.

See Steps 3 & 5.

Spill bill does not apply.

You are not subject to Section 302 Emergency Notification.

Are you storing any hazardous chemicals which require

Material Safety Data Sheets in quantities over 10,000 pounds (approximately twenty one-55

gallon drums)?

Start

NO

YES


NO

YES

NO YES


7474

These materials are also subject to Sections 311/312.

See Step 5

Follow all spill reporting responsibilities..

Is your facility's NAICS Code found in Table 2?

Do you have 10 or more full-time equivalent employees?

Do you manufacture or process 25,000 pounds or otherwise

use 10,000 pounds of any chemical on the 313 list?

Do you meet the lower usage thresholds for chemicals considered

to be persistant, bioaccumulative, and toxic (PBT)?

You need to complete and file an annual EPA Form R or EPA Form A

(if eligible).

You are subject to 112(r) of the Clean Air Act. See Step 7

You are not subject to Sections 311/312.

You are not subject to Section 313- Toxic Inventory Reports.

Do you store over 2,500 pounds of chlorine, 10,000 pounds of anhydrous

ammonia or propane?

You are likely not to be subject to 112(r) of the Clean Air Act.

NO YES

NO

NO

NO

NO

YES

YES

YES

YES

YES NO

75


Did you report any releases or transfers on the EPA Form R?

You are not required to develop a Pollution Prevention Plan or file a

Progress Report.

Develop a Pollution Prevention Plan and file a Progress Report.

Your plan must contain the following: • A pollution prevention policy

statement. • A description of processes using

or releasing toxic chemicals or hazardous materials.

• A description of current and past pollution-prevention activities.

• An evaluation of pollution-prevention options.

• A signed certification.

Complete and submit an annual pollution prevention progress report.

YES

NO


76

There are several sections of Minnesota and federal law that require prevention of spills, reporting spills, and preparing for response to spills that might occur.

The basic spill and emission reporting statutes in Minnesota are Minnesota Statute Sections 115.061 and 116.061.

Minnesota Statutes Chapter 115E (“Spill Bill”) requires most facilities to prepare for spills they might have.

The Emergency Planning and Community Right-To-Know Act requires emergency planning and reporting of certain hazardous and toxic chemicals. The act has four major sections, which are: • Section 302 Emergency Planning • Section 304 Emergency Release Notification • Section 311-312 Community Right-To-Know • Section 313 Toxic Chemical Release Reporting Emissions Inventory

Section 112(r) of the Clean Air Act Amendments, also referred to as Risk Management Planning (RMP), builds on the Emergency Planning and Community Right-To-Know Act. This chapter will cover these rules as well as the Minnesota requirements for reporting spills.For more information contact :Emergency Planning and Community Right-to-Know (EPCRA) requirements: Minnesota EPCRA Program at (651)201-7417 or www.epcra.state.mn.us.

Section 115.061 spill reporting or Spill Bill requirements:Minnesota Pollution Control Agency Emergency Response Team at (651)296-6300 or www.pca.state.mn.us/cleanup/ert.html.

Actual reports of spills, discharges, or releases must be made to the Minnesota Duty Officer at (651)649-5451 (Metro Area) or (800)422-0798 (TDD (651)297-5353 or (800)627-3529); and in some cases to the National Response Center at (800)424-8802.

Step 1: Inventory chemicals stored and used In determining which Emergency Planning and Community Right-To-Know regulations may apply, first inventory the chemicals used and stored at your facility.

For chemical mixtures, you must inventory individual components. The material safety data sheet (MSDS) provides the chemical makeup of the material. (See example below on inventorying components). You also need to know the quantity of each chemical used or stored and the quantity of each chemical left in the product, by-product or waste.

Because each section of the Act applies to a certain set of chemicals at specific thresholds, this information is critical in

determining whether a section of the rule applies.

76


77

Step 2: Determine if Minnesota “Spill bill” applies All facilities and people that store, transport, or otherwise handle oil or hazardous substances are required by the Spill Bill (Minnesota Statutes 115E) to take reasonable steps to prevent spills, and to be reasonably prepared to handle spills they might have. The preparation includes protection of the public’s and employees’ safety and for environmental protection. A written plan describing the facility’s planned response to spills is required for facilities with:

• aboveground tank storage greater than 10,000 gallons or • facilities that transport by truck, rail, ship, or pipeline or • facilities that transfer oil or hazardous substances in bulk

A plan that is prepared for other purposes is acceptable for Spill Bill purposes so long as it has the required information. The Department of Public Safety is to be notified when the planning is complete, but no plan need be submitted unless an agency requests it. MPCA can provide guidance fact sheets upon request, and the MPCA web page has Spill Bill guidance.

Step 3: Determine if Section 302 appliesSection 302 applies to facilities storing any Extremely Hazardous Substances (EHS) above the threshold planning quantities (TPQ) at any one time. You must examine the list of EHS found in the column labeled Section 302 (EHS) TPQ at www.epa.gov/swercepp/pubs/title3.pdf or through a searchable database at http://130.11.53.73/lol/ to determine if Section 302 applies to your facility. To do this, compare your inventory list (developed in Step 1) with the website. If your inventory level is below the threshold level, section 302 does not apply. If no level is listed for a particular chemical in the appendix, the chemical is not regulated under Section 302.

If your business stores an EHS above threshold planning quantities, you must notify the Minnesota Emergency Response Commission of that fact in writing. The letter must include:

• location of the facility • name, telephone number and mailing address of the facility’s emergency

coordinator77

calculating the amount of chemicals in mixtures (in this case, toluene)

Material Quantity (Pounds) % Toluene (from MSDS) Constituent (Pounds)

Quik Degreaser A 8,000 50 8,000 X .50 = 4,000 lbs. 4-Ever Stick Glue 8,000 20 8,000 X .20 = 1,660 lbs. Ez Paint Stripper 6,000 50 6,000 X .50 = 3,000 lbs. Toluene 8,000 100 8,000 X 1 = 8,000 lbs. Total Toluene 16,000

Other means exist to inventory materials for different sections of the rule. Please call the Minnesota EPCRA Program or visit the Web site for more information on different ways to inventory materials.

www.epcra.state.mn.us/


7878

Do noT waiT unTil

There iS a Spill

To figure ouT who

MuST be noTifieD.

poST TheSe SpillS

reSponSe phone nuMberS

in convenienT locaTionS:

Step 4: Determine Spill/release/emission reporting requirements

Most spills must be reported to the MPCA through the Minnesota Duty Officer; some must ALSO be reported to the local 911 Center and the National Response Center.

The chemicals and raw materials you use, transport, or store determine who you need to contact if there is a spill.

Spills, releases, or discharges of any material must be reported to the MPCA via the Minnesota Duty Officer if it involves a material that could cause air or water (including groundwater) pollution. Materials include chemicals, oils, foods, wastewaters, manure, products, and almost anything else that escapes a container or

any excessive or abnormal unpermitted air emission that could cause harm to human health or environment or causes obnoxious odors. The person “in control” of the substance at the time of the spill is required to make the report. This could include a facility owner, a transporter, a facility operator, or others. Often this responsibility to report is shared by several people. In addition, many permits require notification of releases and emissions.

An exception to the reporting requirement is a five gallon or smaller spill of petroleum. Those spills, however, still must be cleaned up.

There is no need to make professional or technical judgements about the ability of soils or a tank dike to contain a spill, guess whether a planned cleanup will be adequate, or look at a list for reportable quantities. If the material is out of the container the incident should be reported to MPCA and other state agencies via the Minnesota Duty Officer.

If a spill or release meets or exceeds a reportable quantity (RQ) under Section 304, then the local emergency response agencies (911), and the National Response Center must be notified in addition to the Minnesota Duty Officer. Look through the list of chemicals covered under Section 304 and their reportable quantities, which can be found at www.epa.gov/swercepp/pubs/title3.pdf or through a searchable database at http://130.11.53.73/lol/. The columns labeled Section 304 EHS RQ (extremely hazardous substances) and CERCLA RQ (compounds regulated under the Comprehensive Environmental Response, Compensation, and Liability Act) are the chemicals regulated under Section 304. Compare the chemicals listed on your inventory to these lists.

If you store, use, or transport chemicals and a spill or release could potentially occur, you should be prepared to contact the following agencies immediately if spill or release is outside the control of the facility:

• Call 911 or the local emergency agency• Begin activation of your company’s response• Call the Minnesota Duty Officer at (651)649-5451 (Metro Area) or

(800)422-0798 TDD (651)297-5353 or (800)627-3529• Call the National Response Center at (800)424-8802

www.epa.gov/swercepp/pubs/title3.pdf


7979

Spills and releases that are subject to Section 304 also require submission of an Emergency Release Follow-Up Report to the Minnesota EPCRA Program. Copies of the reporting form are available from the EPCRA Program website at www.epcra.state.mn.us.

Step 5: Determine if Section 311 and 312 applies

Section 311 and 312 are the Community Right-To-Know requirements of the Act. These sections apply to your facility if you store, at any one time, a chemical that meets or exceeds the following thresholds:

• 500 pounds (approximately one 55-gallon drum of liquid) OR the threshold planning quantity of an EHS as defined in Section 302, whichever is less. For example, chlorine has a TPQ of 100 pounds, and since this is less than 500 pounds, reporting would be triggered at the lesser threshold of 100 pounds.

• 10,000 pounds (about 21 55-gallon drums of liquid) of any hazardous chemical that requires a Material Safety Data Sheet.

Section 311 requires the one-time filing of a Hazardous Chemical Report. You must submit an update report for new chemicals brought on-site or chemicals for which you presently have on-site but have increased the storage amount to trigger the threshold. Reports must be sent to the Minnesota EPCRA Program and the local fire department within three months of receiving chemicals that are subject to this rule.

If Section 311 applies to your facility, Section 312 will also apply. Section 312 requires you to file an annual Tier Two Emergency and Hazardous Chemical Inventory Report. The Tier Two report is due March 1 of each year and is based on chemicals stored at your site during the previous calendar year.

Reporting can be completed by using the Tier Two Manager Software available at: www.epcra.state.mn.us/tier2manager.

Step 6: Determine if Section 313 applies

Section 313 covers the Toxic Chemical Release Inventory reports (EPA Form R and EPA Form A). Your facility is subject to Section 313 if all of the following apply:

1. Your facility is included in one of the North American Industrial Classification System (NAICS) listed in Table 2.

2. Your facility has 10 or more full-time equivalent employees (20,000 paid personnel hours per facility per year).

www.epcra.state.mn.us/tier2manager


8080

3. You use 10,000 pounds (approximately 21 55-gallon drums of liquid) of a chemical or chemical category found on the Section 313 Toxic Chemical List and/or you manufacture or process 25,000 pounds (approximately 53 55-gallon drums of liquid) of a chemical or chemical category found on the Section 313 Toxic Chemical List and/or you meet the lower usage thresholds for chemicals considered to be persistent, bioaccumulative, and toxic (PBT). Examples include mercury (10 pound annual usage threshold) and lead (100 pound annual usage threshold). Additional PBT thresholds can be found at www.epa.gov/tri/chemical/pbt_chem_list.htm.

tablE 2: sEction 313 naics codEs

NAIcS code NAIcS Description

212xx Mining (except Oil and Gas)221xx Utilities 311xx Food Manufacturing312xx Beverage and Tobacco Product Manuf.313xx Textile Mills314xx Textile Product Mills315xx Apparel Manufacturing316xx Leather and Allied Product Manuf.321xx Wood Product Manufacturing322xx Paper Manufacturing323xx Printing and Related Support Activities324xx Petroleum and Coal Products Manuf.325xx Chemical Manufacturing326xx Plastics and Rubber Products Manuf.327xx Nonmetallic Mineral Product Manuf.331xx Primary Metal Manufacturing332xx Fabricated Metal Product Manuf.333xx Machinery Manufacturing334xx Computer and Electronic Product Manuf.335xx Electrical Equip., Appliance, and Component Manuf.336xx Transportation Equipment Manufacturing337xx Furniture and Related Product Manuf.339xx Miscellaneous Manufacturing

For additional information on the NAICS Codes go to www.census.gov/naics.

www.epa.gov/tri/chemical/pbt_chem_list.htm


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The Toxic Chemical List is found at www.epa.gov/swercepp/pubs/title3.pdf. Toxic chemicals can also be found on the material safety data sheets or other information from your supplier (i.e. letter). The manufacturers of materials containing chemicals subject to Section 313 are required to inform end users that the materials contain these chemicals.

If your business is subject to Section 313, you must annually complete 1) EPA Form R or EPA Form A instead of a Form R (if eligible) and 2) a Minnesota Pollution Prevention Progress Report. All forms are due July 1 and are based on information from the previous calendar year. Form R, Form A and instructions, guidance documents and reporting software are available from the EPA’s website at www.epa.gov/tri. To obtain a copy of the Minnesota Pollution Prevention Progress Report, go to the Minnesota EPCRA Program website at www.epcra.state.mn.us.

Step 7: Determine if Section 112(r) applies

Section 112(r) of the Clean Air Act Amendments, also referred to as Risk Management Planning (RMP), builds on the Emergency Planning and Community Right-To-Know Act requirements. It affects facilities that produce, handle, process, distribute, or store more than the threshold quantity of any chemical listed at www.epa.gov/swercepp/pubs/title3.pdf. Section 112(r) focuses primarily on accident prevention rather than emergency preparation and response.

Examples of chemicals and thresholds that could affect small businesses are:

• chlorine - 2,500 pounds • ammonia (anhydrous) - 10,000 pounds

If your facility is subject to Section 112(r), you are required to develop and implement safe business practices to identify hazards and manage risks. This could involve:

• Analyzing the worst case releases • Documenting a five-year history of serious accidents • Coordinating with local emergency responders • Completing and submitting a Risk Management Plan (RMP) to EPA

For additional information on the Section 112(r) requirements, visit the EPA website at www.epa.gov/swercepp, EPA Region 5 at (312) 353-8217 or contact the Minnesota EPCRA Program at (651)201-7417.


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Need to comply with too many regulations?Instead of working to comply with regulations, your company can work to eliminate the need to comply with regulations. This does not mean working to get rid of regulations that protect the health of the public and the environment; it means working to prevent pollution in the first place.

What is a pollution-prevention plan?A pollution-prevention plan describes a facility’s processes and operations, and sets objectives for the implementation of alternatives for the use and release of toxic chemicals. The plan establishes a program identifying the specific technical and economically practical steps that could be taken to eliminate or reduce waste.

Because pollution is a sign of inefficiency, reducing it will make your company more efficient. Here is a list of the potential benefits that can be realized by reducing waste in your facility:

Economic benefits: save materials and production time; avoid paying fees by dropping below regulatory

thresholds; decrease transport, treatment and disposal costs; reduce insurance liability through a safer work environment.

Competitive benefits: gain ground-floor access to new methods and materials through pollution-prevention

technology; maintain approved vendor status with valued customers; achieve greater operational efficiency.

Regulatory benefits: simplify permitting and reporting; reduce legal liability

Community relations benefits: staying off Toxic Release Inventory (TRI) list keeps you out of the public eye,

reduces chances of public litigation; pollution prevention draws positive attention.

Environmental and social benefits: reduce potential harmful effects to the environment and public health; protect worker

health.

Who must develop a plan?Pollution-prevention planning can make good business sense even if you are not required to do so by law. For some facilities, plans are required by the Minnesota Toxic Pollution Prevention Act (TPPA). The TPPA applies to all facilities currently filing the Toxic Release Inventory Reporting Form.

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The MinneSoTa Toxic polluTion prevenTion

acT (MTppa) DefineS polluTion prevenTion aS

eliMinaTing or reDucing aT The Source The uSe,

generaTion or releaSe of Toxic polluTanTS,

hazarDouS SubSTanceS anD hazarDouS waSTeS.


83

If you did not report any releases or transfers on the EPA Form R or use EPA Form A, your business is not required to develop a pollution-prevention plan. Companies should call the Minnesota EPCRA Program at (651) 201-7417 to verify whether they are covered by the Superfund Amendements and Reauthorization Act (SARA) Title III and TPPA requirements or visit www.epcra.state.mn.us.

What must be in a plan?Each plan must set objectives for identifying and implementing pollution-prevention options. A pollution prevention plan must include: • A policy statement supporting pollution prevention.

• A description of processes using or releasing hazardous materials or toxic chemicals.

• A description of current and past pollution prevention activities at the facility and an evaluation of those activities.

• An evaluation of pollution prevention options applicable to the facility. This includes a description of options chosen for implementation, an implementation schedule and reasons for choosing or rejecting options.

• A certification, signed by the facility manager and a company officer, attesting to the accuracy of the plan.

The Minnesota Guide to Pollution Prevention Planning can be accessed at www.mntap.umn.edu/prevention.

What else is required?Plans must be reviewed internally and updated by January 1 of even-numbered years (e.g., 2002, 2004). Companies which become subject to the Minnesota Toxic Pollution Prevention Act (TPPA) have six months to complete a plan.

progress report requirementsProgress Reports are annual summaries of pollution-prevention progress based on plan objectives. Progress Reports must include: • A summary of each option chosen for implementation. • A implementation schedule. • A progress summary, including barriers encountered. • A signed certification as to the accuracy of the progress report.

Progress reports must be submitted to the Minnesota EPCRA Program with the EPA Form R by July 1 of every year. These reports cover the previous calendar year. The Minnesota EPCRA Program enforces progress report requirements.

pollution prevention ideasHere are a few examples of pollution prevention techniques to achieve reductions in emissions and bottom line benefits.

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Save Money, reDuce

paperwork, geT a

coMpeTiTive eDge,

iMprove coMMuniTy

relaTionS, proTecT

The environMenT.

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P O L L U T I O N P R E V E N T I O N P L A N N I N G

monitoring instrumEnts and EQuipmEntSimple, low-tech and low-cost controllers, calibrators and monitoring equipment can help companies save considerable costs because they help to:

• Reduce spills and leaks that may be prevented or minimized by the use of simple switches or controls.

• Reduce loss of raw materials. • Reduce the amount of waste generated that must be managed. • Reduce rejected batches.

After expanding its facility, a Twin Cities area printed circuit board manufacturer was using water at a rate that exceeded the capacity available from the city water supply. By installing photosensors in spray rinse chambers and using flow gauges to monitor water flow, the company greatly reduced its use of water and kept it at an amount the city could supply.

good housEkEEpingGood housekeeping means organizing shops to prevent waste and cleaning up spills to recover as much material as possible.

A fleet maintenance shop in northern Minnesota generated 264 pounds of used oil sorbent waste, which was disposed of at a landfill. The shop reduced its waste sorbent by following good housekeeping practices. The most significant savings came from recovering spilled liquids with a squeegee and dustpan before spreading sorbent on the spill. This recovered 95 percent of the spilled liquid, which was reused or recycled. It also greatly reduced the amount of sorbent used.

work with vEndorsVendors can be your ally in preventing pollution. Ask suppliers to take back unused portions of materials. Ask them to train your employees on proper use of their products.

A supplier sold a foaming agent (catalyst) for insulated doors that contained two chemicals listed on the Toxic Release Inventory (TRI). One of the supplier’s customers requested that it make a new catalyst that did not contain the TRI-listed chemicals. Although the supplier had not considered this previously, it quickly realized the marketing potential of a less hazardous catalyst and developed one for its customers.

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85

P O L L U T I O N P R E V E N T I O N P L A N N I N G

invEntory controlInventory control allows a company to track and control type and quantity of raw materials it purchases, stores, distributes and consumes. Good inventory control practices reduce costs associated with handling and disposing raw materials. It also ensures that material is available when needed.

A few ideas: use inventory before shelf-life expires; do not accept vendor samples if they can’t be returned or used; rotate stock to ensure older stock is used first.

Example: By establishing an inventory control program, a manufacturer of polyvinyl chloride products reduced by 50 percent the amount of out-of-date and off-specification raw materials it had to dispose of annually. To accomplish this, the company purchased smaller quantities of raw materials, separated and reused materials where possible, and used its older stock first. The program took six months to implement (at a negligible cost) and saved approximately $40,000 during the first year through reduced raw material purchasing and disposal costs.

assistancEContact the Minnesota Technical Assistance Program (MnTAP), University of Minnesota, School of Public Health, about the Pollution Prevention Planning process and for how-to information on pollution prevention:

Minnesota Technical Assistance Program (MnTAP)(612) 624-1300 or toll-free (800) 247-0015, Web site: www.mntap.umn.edu

MnTAP can help with strategies to minimize waste and improve energy efficiency at your facility through:

• Visiting your facility and doing a walk-through to offer suggestions specific to your situation.

• Providing a college student intern to work full-time in your facility for a summer developing effective waste-reduction solutions to a particular waste problem.

• Printed resources that outline pollution prevention options specific to your industry. They can be sent to you or found on MnTAP’s Web site (www.mntap.umn.edu).

• Tailored presentations and workshops.

MnTAP works with Minnesota businesses primarily in the manufacturing sector. Industries they have worked with include dry cleaning, electronics, fiberglass, plastics, food processing, health care, laboratories, machining and metal fabrication, metal casting, metal finishing, painting, papermills, printing, vehicle maintenance and wood finishing.

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A I R Q U A L I T Y

87

Occ

upat

iona

l Saf

ety

& H

ealth

87

O C C U PAT I O N A L S A F E T Y A N D H E A LT H

89

Start

Inventory the hazardous substances, harmful physical

agents and infectious agents in the workplace.

Develop and implement labeling for hazardous substances and

harmful physical agents.

Train employees on hazardous substances, harmful physical

agents and infectious agents in the workplace.

Are there other employers on site?

Gather MSDSs and other written information.

Inform other employers of hazards on the job site.

Complete written program and implement it.

YES

NO

Employee Right-To-Know


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90

Is the site an uncontrolled hazardous waste site?

The facility does not fall under 1910.120.

You must comply with paragraph (q) of 1910.120.

Will employees be responding to releases of hazardous materials?

You must comply with paragraphs (p) of 1910.120.

Is the site a permitted treatment, storage and disposal facility?

You must comply with paragraphs (b)-(o) of 1910.120.

Start

YES

YES

YES

NO

NO

NO

Hazardous Waste Operations and Emergency Response


91


91

Establish goals and objectives.

Does the facility's NAICS code appear on the AWAIR list?

Review program annually.

Enforce safety rules and practices.

Develop accident investigation procedures.

Communicate the AWAIR program to the employees.

Determine the methods used to identify and control hazards.

Determine the roles of management and employees.

An AWAIR program is not required.

Start

YES

NO

Workplace Accident and Injury Program

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Start

Do you use a listed chemical in amounts greater than or

at threshold quantity?

Is the chemical on site for retail sales only?

Is the chemical normally at an unoccupied remote facility?

Does the process contain or involve 10,000 pounds or more of

flammable gases or liquids?

Are the flammables used only as fuel in uncovered processes?

Are the flammable liquids kept below their normal boiling point by chilling or refrigeration during

transfer or tank storage?

Are the flammables on site for retail sale only?

Is the facility only involved in oil or gas well drilling or servicing?

Are the flammables normally at an unoccupied remote facility?

The process is not subject to PSM.

YES NO

YESYESNO


NO

NO

YES

NO

YES

YES

YES

YES

NO

NO

NO

YES

Process Safety Management of Highly Hazardous Chemicals


9393

Involve employees in PSM program.

Gather process safety information.

Perform the process hazard analysis (PHA).

Develop operating procedures.

Train employees.

Notify contractors of hazards and safe work practices and assure that their

employees are trained.

Perform pre-startup safety reviews as needed.

Establish and conduct regular maintenance, inspection and

testing on equipment.

Use proper procedures whenever hot work is performed.

Update written process safety information and operating

procedures and retrain employees as necessary whenever changes are

made to the process.

Develop emergency action plans and investigate all accidents.

Audit entire PSM program every 3 years.

Process Safety Management of Highly Hazardous Chemicals

(cont.)

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Congress passed the Occupational Safety and Health Act in 1970. This law requires employers to furnish each employee employment and a place of employment free from recognized hazards causing or likely to cause death or serious physical harm. The act also created the Occupational Safety and Health Administration (OSHA), a branch of the U.S. Department of Labor dedicated to improving worker safety and health through rule making, enforcement, education and assistance.

Minnesota is one of 26 states and territories that operates its own occupational safety and health program approved by federal OSHA. The program was created by the Minnesota Legislature through the 1973 Minnesota Occupational Safety and Health Act (i.e., Minnesota Statutes Chapter 182) and is administered by the Minnesota Department of Labor and Industry’s Occupational Safety and Health Division (MNOSHA). MNOSHA enforces both state and federal OSHA standards and offers education and technical assistance to employers, employees and the general public throughout Minnesota.

For more information on these or other OSHA standards, contact one of the MNOSHA Area Offices listed below:

MNOSHA compliance (enforcement)St. Paul Area Office ..............................(651) 284-5050 or toll-free (877) 470-6742Duluth Area Office ............................................................................. (218) 733-7830Mankato Area Office .......................................................................... (507) 389-6507E-mail ....................................................................OSHA.Compliance@state.mn.us

Workplace Safety consultation (MNOSHA consultation) ....................................................................(651) 284-5060 or toll-free (800) 657-3776Web site for both programs: .................................................. www.doli.state.mn.us

The information in this guide is not intended to be a complete summary of state and federal OSHA standards. You must comply with all standards pertaining to your facility, including walking/working surfaces, personal protective equipment, machine-guarding, electrical, etc. Copies of Minnesota Rules may be purchased from the Minnesota Bookstore. Copies of 29 CFR 1910 and 1926 are available through the Minnesota Bookstore or any U.S. Government Bookstore. Specific Minnesota requirements are available on the Web: visit “www.doli.state.mn.us” and select “Statutes and Rules.” Federal OSHA standards can also be accessed on the web at “www.osha.gov.”

The following is a brief discussion of some of the environmentally related state and federal OSHA standards. It is not meant to be a complete listing of all OSHA standards.

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eMpLOYee rIgHt-tO-kNOW (MN rULeS cHApter 5206)

The Employee Right-To-Know (ERTK) Act was passed in 1983 to provide employees with information on the hazardous substances, harmful physical agents and infectious agents to which they are routinely exposed. This information should help the employee: • recognize the acute and chronic effects of exposure to the substance or agent • understand at what levels a substance or agent is harmful • provide emergency treatment • clean up leaks and spills properly • locate further information on the substance or agent

The main components to an ERTK program are: training, the availability of information, labeling and the written program.

A hazardous substance is a chemical, substance, or mixture that poses “a significant risk to worker health and safety or imminent danger of death or serious physical harm to an employee as a result of foreseeable use, handling, accidental spill, exposure, or contamination” (MN Rules 5206.0100 subp. 7). A harmful physical agent is a physical agent that presents a similar risk. MNOSHA recognizes four harmful physical agents: heat, noise, and ionizing and non-ionizing radiation. An infectious agent is defined as “a communicable bacterium, rickettsia, parasite, virus, or fungus” that “causes substantial acute or chronic illness or permanent disability as a foreseeable and direct result of any routine exposure.”

Step 1: Inventory hazardous substances, harmful physical agents and infectious agents present in the facilityThe first step is to walk through the facility and make a list of all hazardous substances, harmful physical agents and infectious agents to which employees are routinely exposed. Do not forget to review janitorial or maintenance activities. If employees are exposed to heat or noise levels approaching regulatory limits (MN Rules 5205.0110 subp. 2A and 29 CFR 1910.95(c), respectively), heat or noise must be included in the ERTK program. This list is the first section in the facility’s written ERTK program.

MN Rules 5205.0400-.0600 list hazardous substances, harmful physical agents and infectious agents covered by the ERTK standard. However, because new chemicals are constantly being developed and introduced to the workplace, new diseases emerge, and more is learned concerning the health effects of hazardous substances, physical agents and infectious agents in the workplace, an employer should not limit the ERTK program to those agents listed in the rule.

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Step 2: gather Material Safety Data Sheets (MSDSs) and other written information on the hazardous substances, harmful physical agents and infectious agents found in the workplace

An MSDS is a document identifying a hazardous substance and describing its physical, chemical and hazardous properties. These sheets should be provided to you by the vendor of the substance. The MSDS contains all the information that needs to be included in the employee training as required by MN Rules 5206.0700 subp. 2. Similar documents must be obtained or written that describe the identity, health effects and limits of any harmful physical agents found in the workplace. Written information about infectious diseases and the employer’s exposure-control program must be collected or developed when employees are exposed to infectious agents as part of their job duties.

Electronic versions of this information, such as computer software or phone/fax services, are acceptable, provided the information is readily accessible to the area the substance or agent is found in the workplace and provided an employee can obtain a written copy within 24 hours.

The written ERTK program must include a description of how this information will be made available to employees.

Step 3: Develop a labeling program for hazardous substances and harmful physical agentsEmployers must develop and implement a method of labeling containers containing hazardous substances and areas where harmful physical agents are present near or over the permissible exposure limits or action levels. Labels for containers must include the name of the material and any appropriate hazard warning (e.g., Flammable, Caustic, Toxic or Irritant). Immediate-use containers (i.e., those filled and completely emptied within one work shift) need not be labeled. If original shipping labels or manufacturer’s labels meeting certain federal standards are left intact, the containers do not need to be relabeled. Labels or signs warning of the presence of harmful physical agents must include the name of the agent and the appropriate hazard warning.

[Note: While there is no labeling requirement for infectious waste under the Employee Right-To-Know standard, 1910.1030 (g) of the Bloodborne Pathogens standard requires that containers of regulated waste, blood and other potentially infectious agents be labeled or colored red. Refrigerators and freezers containing blood and other potentially infectious material must also be properly labeled. Areas contaminated with infectious agents, such as isolation rooms for tuberculosis patients, must be tagged or labeled with an appropriate warning or biohazard label as specified under 1910.145(f).]

A written description of the company’s labeling system must be included in the employer’s written ERTK program.

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Step 4: Develop training and train employeesEmployees must be trained regarding the hazardous substances, harmful physical agents, and infectious agents to which they are routinely exposed. This training must take place before the employee is assigned to work in an area exposed to these hazards and before a new hazard is introduced into the workplace. Refresher training must be conducted at least annually.

The training program can either focus on specific substances or agents, a class of related substances and agents, or the hazards of a complete production process. Training must be conducted so all employees can understand it. For example, an employer must provide a translator for employees who do not speak English or a sign-language interpreter for hearing-impaired workers.

Specific information that must be covered by the training is listed in MN Rules 5206.0700 subp. 2 for hazardous substances, subp. 3 for harmful physical agents and subp. 4 for infectious agents. Training records must be kept for at least three years and must include training dates; trainer’s name, title and qualifications; employees’ names and job titles; and a brief outline of the contents of the training.

The employer’s written ERTK program must include an outline of the training, along with a description on how the training requirements will be met. The written program must also include the employer’s method of informing employees of the hazards of infrequent tasks and unlabeled pipes.

Step 5: If applicable, determine how information will be communicated to employers of others in your facilityIf workers at the worksite are employed by outside employers (e.g., construction contractors or temporary employees) and are likely to be exposed to any hazardous substances, harmful physical agents or infectious agents, the facility must inform the outside contractor(s) about those substances and agents. The information must include the location of the MSDSs or other written information about the substances or agents, methods that employees should use to protect themselves from the hazards during both normal operation and emergencies, and the labeling system used in the facility. Outside contractors should provide the facility with the same information regarding substances or agents they may introduce to the facility (e.g., paint fumes from painting walls in the facility).

This procedure must also be included in the written ERTK program.

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The eMployer MuST alSo inforM eMployeeS

of The hazarDS of infreQuenT TaSkS, Such aS

perioDic cleaning anD MainTenance operaTionS,

anD any hazarDS froM SubSTanceS conTaineD

in unlabeleD pipeS in eMployeeS’ work areaS.

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Step 6: Implement the programA list of the required elements for the written ERTK program can be found in MN Rules 5206.0700 subp. 1. A written program, of course, is not enough; training and procedures described in the program must actually be used in the workplace. Employers should periodically review their written ERTK program to assure it matches the hazards and processes used in the facility. At minimum, the following should be recorded and maintained for three years: • training dates • name, title and qualifications of the person conducting training • names and titles of employees completing each training session • brief summary or outline of the training

A WOrkpLAce AccIDeNt AND INjUrY reDUctION (AWAIr) prOgrAM (MN StAtUteS 182.653)

In 1990, the Minnesota Legislature passed A Workplace Accident and Injury Reduction (AWAIR) Act. AWAIR requires employers in selected North American Industry Classification System (NAICS) codes to create a written, comprehensive safety and health program covering hazards specific to that workplace. Industries included on the list are those with a Lost Workday Incidence Rate (LWDIR) or an Injury and Illness Rate (IR) above the state average for the most recent year that data are available.

Step 1: Determine whether your business is subject to AWAIrCheck to see whether the NAICS code or codes for your facility are on the AWAIR list. This list is found in MN Rules 5205.1500 and is updated every two years. Even if your facility is not covered by AWAIR, you may want to implement an AWAIR or other comprehensive safety and health program for two reasons. First, the AWAIR NAICS code list changes every two years, and any industry that is not currently included on the list could be added at a later date. Secondly, a fully implemented safety and health program provides the employer and the employees with a tool to reduce injury and illness in the workplace.

Step 2: establish goals and objectives for the programThe next step is for the employer (preferably with employee participation) to determine what the company wants to achieve in reducing occupational injuries and illnesses (i.e., goals), and then figure out which steps are necessary to get there (i.e., the objectives). Goals and objectives must be clearly written and should be measurable.

Step 3: Determine roles of management and employees in implementingthe programThe AWAIR Act requires that the employer define “how managers, supervisors, and employees are responsible for implementing” the AWAIR program. A key component of any safety and health program should be determining each person’s role and responsibilities for making the workplace safer. The act requires that the program describe “how continued participation of

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have everyone involveD

- ThiS will help your

awair prograM SucceeD.


management will be established, measured, and maintained.” The AWAIR program must be supported by all levels of the company to be effective.

Step 4: Determine methods used to identify, analyze, and control new or existing hazards, conditions, and operations.Hazard recognition and control is another key component of a comprehensive safety and health program. Certain hazards can be identified because they are common throughout an industry (e.g., ergonomics in meat packing plants or bloodborne pathogens in health care settings) or to a process (e.g., noise, oil mist and amputation in many metalworking operations). Other hazards are specific to a particular workplace (e.g., blocked aisles or fire doors).

Once hazards are identified, they must be analyzed to determine feasible, cost-effect control measures. Methods used to control or eliminate hazards include engineering controls (e.g., ventilation or machine guarding), work practices (i.g., proper job procedures), administrative controls (e.g., job rotation) and, as a last resort, personal protective equipment. All personnel should be aware of the possible hazards of work assignments and be able to take proper precautions to guard against injury and illness.

The written AWAIR program must discuss how the facility identifies and abates hazards, and should discuss the specific hazards to the facility and how they are controlled.

Step 5: communicate the AWAIr program to employeesEmployees must be informed about existing hazards on their jobs and how to control them. Communication usually refers to formal training but can also include on-the-job training, posters, newsletters, manuals, interaction with safety-committee members and other tools. Because individuals learn differently and some employees may have limited English-speaking or reading abilities, it is important to use a variety of communication techniques. A written AWAIR program must include a description of the various methods used to communicate safety and health hazard information to employees.

Step 6: Develop procedures for investigating accidents and taking corrective actionBoth accidents and near-misses should be investigated to determine causes and to determine how to keep the incident from happening again. A consistent procedure should be established and documented in the written AWAIR program.

Step 7: clarify how safe work practices and rules will be enforcedSafe work practices are worthless if employees do not use them. The AWAIR Act requires that employers establish written enforcement procedures for safe work practices and compliance with the employer’s safety rules.

Step 8: review the written AWAIr program annually The AWAIR Act requires that employers review programs at least annually to determine how the program is actually operating. Results of this review must be documented. If procedures are not being followed, or if an employer is not making progress towards its occupational safety and health goals, the program or implementation should be revised.

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prOceSS SAFetY MANAgeMeNt (pSM) OF HIgHLY HAzArDOUS cHeMIcALS (29 cFr 1910.119)

The federal Process Safety Management (PSM) standard came about after a series of disastrous accidents in the chemical-processing industry during the 1980s and early 1990s that resulted in large losses of life and property. The standard was written to reduce the likelihood of a catastrophic release of toxic, reactive, flammable or explosive chemicals resulting in worker injury or death. The PSM standard is similar to the Risk Management Planning regulation required by the EPA under Section 112r of the Clean Air Act Amendments of 1990. The two standards, however, are not identical and have separate requirements.

Step 1: Determine whether a process is covered by pSMTo determine whether you have a process covered by PSM, answer the following five questions.

doEs thE procEss involvE a chEmical at or nEar thE spEciFiEd thrEshold Quantity listEd in thE standard?

Contact OSHA for a list of toxic and reactive chemicals covered by the standard and “threshold amounts” of each. If a process uses less than the threshold amount of the chemical, the process is not covered. If the amount of the chemical involved in the process is at or greater than the threshold quantity, the process is covered and your business must comply with the requirements of the standard. Some listed chemicals have a concentration limit as well; if the substance used in the process is below the concentration listed in Appendix A, the process is not covered.

doEs thE procEss involvE a FlammablE liQuid or gas in onE location in a Quantity oF 10,000 pounds or morE?

If the process does not involve 10,000 pounds or more of a flammable liquid or gas, it is not covered. If the flammable liquid or gas is used solely as a fuel and is not part of a process containing another highly hazardous chemical covered by the standard, the process is not covered. Flammable liquids only stored in atmospheric tanks or transferred and kept below their normal boiling point without benefit of chilling or refrigeration are also not covered.

is your Facility involvEd only in rEtail salEs oF thE listEd chEmicals or FlammablEs?

If your facility is involved only in retail sales of a listed substance or flammable, you are exempt from the standard. For example, a farmers’ cooperative selling anhydrous ammonia and propane to end users is not be covered by the PSM standard.

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while peTrocheMical ManufacTuring iS The

MoST coMMon exaMple of a covereD proceSS,

The pSM STanDarD can cover a wiDe varieTy

of proceSSeS anD inDuSTrieS, incluDing large

aMMonia refrigeraTion SySTeMS, waTer-

TreaTMenT planTS, paper MillS, anD proceSSeS

uSing large QuanTiTieS of flaMMable liQuiD.


is your Facility involvEd only in oil or gas-wEll drilling or sErvicing opErations?

If so, your facility is exempt from the PSM standard.

arE thE chEmicals kEpt at a normally unoccupiEd, rEmotE Facility?Chemical storage areas or buildings located away from the main facility and where employees normally do not work are not covered by the standard.

Step 2: Determine employee involvement in process safety effortsThe PSM standard requires employers to develop a written plan of action about how employees will be involved in developing the process hazard analysis (PHA) and other required elements of the program. Based on daily involvement and long-term experience, employees can provide specific information concerning each process and its hazards.

Step 3: gather process safety informationGather information needed to perform the process hazard analysis (PHA), create the operating procedures, develop maintenance procedures, and other programs required by the PSM standard. This material must include: • the hazards of the highly hazardous chemicals used in the process • the technology of the process • the equipment in the process

Chemical data must include toxicity information, permissible exposure limits (PELs), physical and chemical properties and chemical reactivity. The MSDSs contain much of this information. The process technology information must include a block or process flow diagram, process chemistry, maximum inventory, safe control limits and an evaluation of consequences of deviations from the control limits. Equipment data must include construction materials, piping and instrument diagrams, electrical classification, ventilation design, material and energy balances and relief and safety system designs. Design standards and codes used to build equipment is also required.

Step 4: perform a process hazard analysis (pHA)The heart of a PSM program is the process hazard analysis (PHA) or hazard evaluation. Its purpose is to “identify, evaluate, and control the hazards involved in the process.” The following must be addressed in the PHA: • hazards of the process

• identification of any previous incident which had a likely potential for catastrophic consequences in the workplace (i.e., a near-miss)

• engineering and administrative controls of the hazards • consequences of failure of the engineering and administrative controls • facility siting • human factors • evaluation of possible safety and health effects on employees in the event controls fail

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The employer must use one or more systematic methods of hazard identification and evaluation. These methods can include: creating “what-if” scenarios, using checklists, performing a Hazard and Operability Study (HAzOP), performing a Failure Mode and Effects Analysis, creating a Fault Tree Analysis, a combination of methods or another appropriate method.

The PHA must be a team project and team members should have expertise and experience in process and engineering. At least one team member must be an employee with experience working with the process. Your business must develop a system to address findings and recommendations that result from the PHA, document recommendations and actions, schedule necessary work and communicate changes to affected employees. The PHA must be updated at least every five years and must be retained for the life of the process.

Step 5: Develop operating proceduresThe employer must create and implement written operating procedures that provide clear instructions for safely running each stage of the process. These written procedures must be available to all employees working or performing maintenance on the process. These procedures must include instructions for initial start-up, normal operations, temporary operations, emergency shutdown, emergency operations, normal shutdown and startup following a turnaround or after an emergency shutdown. A discussion of operating limits, including consequences of deviation and correction procedures, and of the safety and health hazards of the chemicals in the process should also be added. Safe work practices must also be established for maintenance operations, such as lockout/tagout and confined space entry. Operating procedures should be reviewed and updated as often as necessary, and must be certified as current and accurate each year.

Step 6: train employeesEmployees must be trained on the process and its operating procedures before being assigned to work on the process. Employees must receive refresher training at least every three years.

othEr psm rEQuirEmEntsYour business must provide hazard information and safe work practice procedures to contractors working on covered processes, and assure that the contractor’s employees are adequately trained about hazards and procedures. You are required to perform a pre-startup

safety review on covered processes before initial startup or before startup after a modification in the process. Maintenance, inspection and testing procedures must be established and conducted on specific pieces of equipment on a covered process. Your business must issue hot work permits whenever hot work operations (i.e., welding, cutting or brazing) are to take place on or near the process, and must assure that proper fire-prevention measures are taken before hot work takes place.

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you May be reSponSible unDer pSM

for oTher people working on your

SiTe - noT juST your eMployeeS.


Your business must establish a written method on managing changes to process chemicals, technology, equipment or procedures that could affect safety. Using this method, you should review the impact of the change before it takes place, retrain employees if necessary, and update the process safety information and operating procedures accordingly.

The PSM standard requires that employers develop emergency action plans for the entire plant. The employer must conduct an accident investigation for every incident that resulted in, or could have resulted in, a catastrophic release of a hazardous chemical. Finally, you are required to audit the entire PSM program at least every three years.

HAzArDOUS WASte OperAtIONS AND eMergeNcY reSpONSe (HAzWOper) (29 cFr 1910.120)

The federal Hazardous Waste Operations and Emergency Response standard covers cleanup operations at hazardous waste sites; hazardous waste treatment, storage and disposal (TSD) facilities; and emergency-response operations for release of hazardous substances.

Step 1: Is your worksite an uncontrolled hazardous waste site?Paragraphs (b)-(o) of the federal standard pertain to cleanup operations at uncontrolled hazardous waste sites. These sites include current and recommended sites on the EPA’s National Priority Site List or on the state priority list, sites being investigated as possible hazardous waste sites, corrective actions involving cleanup operations, and voluntary cleanup operations. OSHA requirements for employers at these sites include:

• development and implementation of a written safety and health program, including site-specific information [Note: a program developed to meet MPCA or EPA requirements is acceptable as long as it covers the same topics required by 1910.120 (b).]

• evaluation of safety and health hazards to employees working on the site and of the appropriate control methods necessary to protect the employees

• employee training, the amount of which is determined by amount of time a specific employee works on the site and duties that he or she performs

• creation of a medical-surveillance program, including regular medical examinations

• use of engineering controls, work practices and personal protective equipment (PPE) to protect workers from overexposure to hazardous substances (Note: engineering controls and work practices must be used whenever feasible to reduce exposure before PPE is used.)

• air monitoring to identify and quantify levels of hazardous substances

• use of proper procedures for handling and opening drums • establishment of decontamination procedures • development of an emergency response plan • adequate illumination and sanitation facilities • evaluation and implementation of new technologies

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104


Step 2: Is your worksite a permitted treatment, storage and disposal (tSD) facility?Paragraph (p) of the standard covers permitted TSD facilities. These facilities must meet the following requirements under 1910.120: • development and implementation of a written safety and health program • establishment of a medical-surveillance program, including regular medical examinations • development of decontamination procedures • evaluation and implementation of new technologies • use of proper procedures for handling and opening drums, where applicable • an employee training program including at least 24 hours of initial training and eight

hours of annual refresher training for each affected employee • development of an emergency response plan. [Note: if an employer plans to evacuate

employees from the worksite and not permit employees to respond to the emergency, the employer need only develop an emergency action plan that satisfies 1910.38(a). In addition, your business may use a contingency plan required by the MPCA or the EPA to satisfy part of this requirement.]

Step 3: Are employees expected to respond to emergencies involvingreleases of hazardous substances?If your facility has a hazardous substance found on the Extremely Hazardous Substance List in an amount over its threshold planning quantity, you must comply with paragraph (q) of the 1910.120 standard. The Extremely Hazardous Substance List was created by the EPA under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986 and is available from the Minnesota Emergency Planning and Community Right-To-Know Act Program.

If employees are expected to respond to releases of other hazardous chemicals not listed but which could pose an emergency, you must comply with paragraph (q) as well. [Note: if you plan to evacuate employees from the worksite and not permit employees to respond to the emergency, you need only develop an emergency action plan that satisfies 1910.38(a).]

The heart of paragraph (q) is the development of an emergency response plan. The plan must cover the following elements: • pre-emergency planning and coordination with outside parties

(i.e., emergency responders) • personnel roles, lines of authority, training and communication • emergency recognition and prevention • safe distances and places of refuge • site security and control • evacuation routes and procedures • decontamination • emergency medical treatment and first aid • emergency alerting and response procedures • critique of response and follow-up • personal protective equipment and emergency equipment

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Portions of a local or state emergency response plan that properly address some or all of these requirements can be incorporated into your emergency response plan. Likewise, local emergency responders can substitute part of your plan into their own.

Paragraph (q) also describes required procedures for handling an emergency-response incident. These include:

• Designation of a senior emergency response official in charge of the site-specific incident Command System (ICS).

• Identification of the hazardous substances or conditions present and the proper control methods and procedures.

• Implementation of appropriate emergency operations and personal protective equipment.

• Use of positive pressure, self-contained, breathing apparatus while engaged in emergency response until air monitoring indicates a decreased level of respiratory protection will not result in hazardous exposures to employees.

• Use of backup personnel with equipment for assistance, rescue and basic life support. • Designation of a safety officer responsible for identifying and evaluating hazards and

providing direction on safe operations for emergency response. • Ability and authority of the safety officer to alter, suspend or stop activities that he or she

judges to be Immediately Dangerous to Life or Health (IDLH) or an imminent danger to the responders.

• Implementation by the senior official of appropriate decontamination procedures.

Paragraph (q) also discusses use of skilled support personnel, such as heavy equipment operators, who are not necessarily the employer’s own employees and are needed temporarily to perform immediate emergency-support work.

Requirements for employee training under paragraph (q) vary based on the role of the particular employee during an emergency. An employee whose duty is simply to notify proper personnel that initiate an emergency response need only be trained on the hazardous substances in question, possible outcomes of an emergency involving those substances; how to identify these substances and recognize their presence during an emergency; the employee’s role in site security, control and evacuation during the emergency; and recognizing the need for additional resources and how to notify the communication center. The amount of training for other responders ranges from eight to 24 hours and must cover specific items in the standard.

Paragraph (q) also includes specific requirements for medical surveillance and consultation, chemical protective clothing and post-emergency-response cleanup operations.

For more detailed information on Steps 1, 2 or 3, consult the 1910.120 standard or contact any MNOSHA area office.

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othEr rEQuirEmEntsThere are additional state and federal OSHA standards related to environmental issues. In general, regulations in 29 CFR Part 1910 and MN Rules Chapter 5205 pertain to general industry (including manufacturing) and regulations in 29 CFR 1926 and MN Rules Chapter 5207 apply to construction activities. Some exceptions are noted below. Other environmentally related standards include: • 1910.95 & 1926.52 Occupational Noise Exposure • 1910.146 Permit-Required Confined Spaces and Minn. Rules 5207.0300-.0304

Confined Spaces • 1910.1000 Air Contaminants and 1926.55 Gases, Vapors, Fumes, Dusts, and Mists • MN Rules 5202.0660 subpt. 3 Maintenance Goals: Asbestos • MN Rules 5207.0035 Demolition, Restoration, Remodeling Asbestos Survey • 1910.1001 and 1926.1101 Asbestos (Note: 1926.1101 contains requirements for janitorial

activities and building maintenance.) • 1910.1025 and 1926.62 Lead • 1910.1026 and 1926.1126 Chromium (VI) • 1910.1027 and 1926.1127 Cadmium • 1910.1028 and 1926.1128 Benzene • 1910.1030 Bloodborne Pathogens • 1910.1047 and 1926.1147 Ethylene Oxide • 1910.1048 and 1926.1148 Formaldehyde • 1910.1052 and 1910.1152 Methylene Chloride • 1910.1450 Occupational Exposure to Hazardous Chemicals in Laboratories

For further information on these or other standards, contact any MNOSHA area office (see phone numbers at the beginning of this chapter) or visit either the state or federal Web sites: www.doli.state.mn.us (state of Minnesota); and www.osha.gov (federal government).

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A I R Q U A L I T Y

107

Agr

icul

ture

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A G R I C U LT U R E

109

Do you apply fertilizer or pesticides?

Start

Is the application a part of your daily job?

You will need to be licensed and certified.

Go to www.mda.state.mn.us

Complete and submit an applicator license application and submit a fee.

Go to www.extension.umn.edu/pesticides

Complete the certification process.

Pass general grounds and one category test.

You do not need a license.

Is the application for a fee?

Complete continuing education requirements.

YESYES

YES

NO

NO

NO


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The Minnesota Department of Agriculture administers a wide range of regulations that affect the agriculture community (seed labeling, seed certification, animal feeds, agricultural chemical cleanup, etc.) This chapter discusses only commercial and noncommercial pesticide applicator licensing regulations, because this set of regulations most frequently applies to small businesses. The structural and aquatic pest control applicator licenses have additional requirements.

For more information on regulations administered by the Minnesota Department of Agriculture visit its Web site at www.mda.state.mn.us. Questions about pesticide applicator requirements should be directed to the Pesticide and Fertilizer Management Division of the Minnesota Department of Agriculture at (651) 201-6121.

Further information on pesticide certification may be found at the University of Minnesota Extension's Pesticide Safety and Environmental Education Program web site: www.extension.umn.edu/pesticides or contact the Pesticide Safety Education Coordinator.

peStIcIDe AppLIcAtOr LIceNSINg reQUIreMeNt

Who is a pesticide applicator?Noncommercial pesticide applicators are employees who apply pesticides as part of their job duties on sites owned, rented or leased by their employers. Each employee must be certified and licensed as a noncommercial pesticide applicator if he/she applies any restricted-use pesticide products.

If employees are contracted to spray at another company, they must be licensed as commercial pesticide applicators. Steps for obtaining a commercial license are similar to those outlined below. In addition, proof of financial responsibility is required for commercial pesticide applicator licenses.

If a pesticide applicator license is not required, the pesticide must still be used and applied by the individual in accordance with its label.

How does one know whether a pesticide is restricted?Pesticides are defined “as a substance or mixture of substances intended to prevent, destroy, repel or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.” Pests include insects, rodents, nematodes, fungi, bacteria, viruses, or other animal life.

Pesticides are categorized as either Restricted-Use or General-Use pesticides. Restricted-use pesticides cannot legally be sold to someone who does not have proper certification or a license. Restricted-use pesticides are labeled as such.

www.extension.umn.edu/pesticides


111

HOW DO I get LIceNSeD AND certIFIeD?

Step 1: complete and submit a pesticide applicator license application Call the Minnesota Department of Agriculture for an application at (651) 297-7122 or contact your local county agricultural inspector. The forms are also available at www.mda.state.mn.us.

Workers’ compensation information and Social Security number must be supplied on the application form.

Step 2: pay licensing fee A fee of $110.00 per license must be submitted with the application, with the exception of government employees, where the fee is $10.00 per license. This fee must be paid before proceeding to Step 3.

All licenses expire December 31 of the calendar year in which they were issued. Licenses cannot be transferred and fees are nonrefundable. A renewal application with fees must be submitted annually.

Step 3: complete the certification process Applicants must pass the general ground or aerial test (category A or B) and a test in at least one other category appropriate to their job responsibilities (e.g., grain fumigation, food-processing, wood preservatives).

Manuals and study materials to prepare for the test are available for each license category from the University of Minnesota St. Paul Campus Bookstore. A printable order form is available on the Pesticide Safety Education Program web site at www.extension.umn.edu/pesticides. Study manuals can be purchased over the phone (612)624-9200, by mail, FAX, on-line from the website or in person at the bookstore.

To take a test, contact the Minnesota Department of Agriculture at (651) 296-5137. The test will be administered by Minnesota Department of Agriculture staff or your local county agriculture inspector. All tests are closed-book.

Step 4: complete continuing education requirementsEach licensee must annually renew their license with the MDA in each license category they hold. To annually renew licenses, the licensee must maintain their certification through continuing education in each license category they hold. Certification is maintained through participation in approved recertification workshops or completion of correspondence-study course. Recertification requirements vary by license category.

Check with the Pesticide Safety Education Program web page or with the Pesticide Safety Education Coordinator for recertification continuing education opportunities. Check with the Minnesota Department of Agriculture for continuing education requirements.


112

cONtActS

inFormation contactCertification Minnesota Department of AgricultureRecertification Information and Certification UnitTesting Appointments 90 West Plato BoulevardRecertification Workshop Schedule St. Paul, MN 55107Licensing (651) 201-6121 License Renewals

General Pesticide Certification Information Dean Herzfeld, Coordinator, Continuing Education for Recertification Pesticide Safety and Environmental Opportunities Education Program Study manuals Department of Plant PathologyCertification program for private applicators University of Minnesota (farmers and other producers) Extension Service 495 Borlaug Hall 1991 Upper Buford Circle St. Paul, MN 55108 (612) 624-3477 email: [email protected] www.extension.umn.edu/pesticides

A I R Q U A L I T Y

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Fina

ncia

l Ass

ista

nce

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F I N A N C I A L A S S I S TA N C E

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environmental - related Loans & grants

program: Small Business Environmental Improvement Loans administrator: Minnesota Pollution Control Agency (MPCA) Contact: Small Business Ombudsman (651) 297-8615 or (800) 985-4247 wEb sitE: www.pca.state.mn.us/programs/sbomb_loan.html dEscription • Provides low-interest loans to small businesses and critEria: with fewer than 50 full-time employees. • Loan money is for purchase of capital equipment meeting or exceeding environmental rules or regulations, or for investigation and cleanup of contaminated sites. • Seven-year loan of between $1,000 and $50,000.

program: Environmental Assistance Grant and Loan Program administrator: Minnesota Pollution Control Agency (MPCA) (651) 296-6300 or (800) 657-3864

wEb sitE: www.pca.state.mn.us/grants/

dEscription and critEria:

Environmental Assistance Grant and Loan Program (EVL) consists of the Environmental Assistance (EA) Competitive Grant program and the EA Revolving Loan program. The Minnesota Legislature (1996) consolidated several grant programs to establish the environmental assistance grant and loan program. The purpose of the EA program continues to be providing financial assistance in the development of environmentally sustainable practices in Minnesota through voluntary partnerships and goal-oriented, economically driven approaches to pollution prevention and resource conservation (Minn. Stats. § 115A.0716). Part I: Environmental Assistance Competitive (Open) Grant program provides funding for projects that research, develop, and/or implement environmental assistance projects or practices in Minnesota, enable persons to receive loans from financial institutions for environmental assistance projects or practices in Minnesota. The EA Grant round normally consists of a competitive, two-stage application process to identify and assist projects that will be most beneficial in meeting the Agency’s mission of working with Minnesotans to protect, conserve, and improve Minnesota’s air, land and water resource. A Request for Proposals (RFP) is published annually to open the grant funding round process. The RFP also serves to identify any program focus areas. Part II: Environmental Assistance Revolving Loan (RVL) program strives to promote front-end solutions to pollution by providing loans to small- and medium-sized businesses to accelerate their application of waste and pollution prevention, and other environmental technologies. The Agency partners with private financial institutions (e.g., banks) to offer commercial loans at substantially reduced interest rates to applicants. The maximum grant and match are established by a Request for Proposals (RFP) published biannually. All EA funds disbursed as loans are repaid to the revolving loan program for future issuance of loans.

F I N A N C I N G A S S I S TA N C E

116

environmental - related Loans & grants (cont.)

program: Safety Grant Program administrator: Minnesota Department of Labor and Industry (DOLI) (651) 284-5162 or (800) 731-7232

wEb sitE: www.doli.state.mn.us/grants.html dEscription • Goal is to help companies implement projects that reduce the critEria: risk of injury and illness to workers through matching grants

up to $10,000. • Employer must have workers' compensation insurance. • Employer must come under the jurisdiction of Minnesota

OSHA. • Must have conducted an on-site survey by a qualified

safety professional and there must be a written report with recommendations based on the inspection.

• The project is feasible and consistent with the recommendations of the safety survey and will reduce the risk of injury or disease to employees.

• The employer must have the knowledge and experience to complete the project, and must be committed to its implementation.

• The employer must be able to match the grant money awarded and all estimated project costs must be covered.

• The project must be supported by all public entities involved and comply with federal, state and local regulations where applicable.

program: Agricultural Chemical Response and Reimbursement Account (ACRRA) administrator: Minnesota Department of Agriculture (MDA) (651) 201-6490

wEb sitE: www.mda.state.mn.us/grants/disaster/accra.htm dEscription • Provides 80% of the total corrective action costs between and critEria: $1,000 and $350,000. • Funds may be used to clean up sites contaminated by agricultural chemicals. • Only corrective-action costs are eligible. • ACRRA Board will reimburse costs; however may provide

advance payment if financial hardship.


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program: Petroleum Tank Release Cleanup Fund (Petrofund) administrator(s): Minnesota Department of Commerce (651)295-1775 or 800-638-0418 or

[email protected]

wEb sitE: www.commerce.state.mn.us dEscription • Eligible applicants include owners or operators of petroleum

storage tanks that are the source of a release, and persons who hold title to property where a release from a petroleum storage tank occurs.

• Eligible applicants generally may receive up to 90% reimbursement for up to $1 million in investigation and cleanup costs incurred in response to a petroleum tank release. Reimbursable costs also include certain costs for damages to third parties established by a court order or court-approved settlement.

• Investigation and cleanup costs must be determined by the MPCA to be necessary to protect public health, welfare, and the environment. Petrofund analysts at the Department of Commerce determine whether costs are reasonable and incurred by an eligible applicant.

• Applicants must use contractors and consultants that are registered with the Petrofund Board and must get competitive bids and proposals for reimbursable costs using the appropriate Petrofund forms.

• Maximum reimbursable costs for consultant and contractor services are specified in Minnesota Rules, Chapter 2890.

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general Financial Assistance - Statewide

program: Assorted Financial Assistance administrator: U.S. Department of Agriculture through MN Rural Development State Office (651) 602-7791

wEb sitE: www.rurdev.usda.gov/MN/ dEscription • The USDA administers grants, loans and loan guarantees for and critEria: rural development in Minnesota through their MN Rural Development Offices. Consult with the State Office directly for current program details.

program: Assorted Financial Assistance administrator: U.S. Small Business Administration (SBA) (612) 370-2324

wEb sitE: www.sba.gov/services/financialassistance/index.html dEscription • The SBA administers a variety of loans and financial and critEria: assistance programs for small businesses. Consult SBA for current details.

program: Assorted Financial Assistance administrator: MN Department of Employment and Economic Development (DEED) (651) 297-1291 or (800) 657-3858

wEb sitE: www.deed.state.mn.us/bizdev/financing.htm dEscription • The DEED administers a variety of loans and financial and critEria: assistance programs for small businesses. Consult DEED directly for current program details

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regional Financial Assistance - Iron range

program: Assorted Financial Assistance administrator: Iron Range Resources and Rehabilitation Board (IRRRB) (218) 744-7400 or (800) 765-5043wEb sitE: www.irrrb.org/business dEscription • The IRRRB administers a variety of loans and financial and critEria: assistance programs for businesses located or thinking of relocating to the area. Consult with the IRRRB for current program details.

regional Financial Assistance - Northeast Minnesota (Aitkin, Carlton, Cook, Lake, Koochiching, Itasca, St. Louis counties)

program: Assorted Financial Assistance administrator: Northland Foundation 202 West Superior St., Suite 610, Duluth, MN 55802 (218) 723-4040 and (800) 433-4045

wEb sitE: www.northlandfdn.org dEscription • The Northland Foundation administers loan and critEria: programs for businesses located within the region. Consult with the Northland Foundation directly for current program details.


119

MAP?

regional Financial Assistance - Northwest Minnesota(Beltrami, Clearwater, Hubbard, Kittson, Lake of the Woods, Mahnomen, Marshall, Norman, Pennington, Polk, Red Lake, Roseau counties)

program: Assorted Financial Assistance administrator: Northwest Minnesota Foundation 4225 Technology Dr. N.W., Bemidji, MN 56601 (218) 759-2057 or (800) 659-7859

wEb sitE: www.nwmf.org

dEscription • The Northwest Minnesota Foundation administers and critEria: loan programs for businesses located within its region. Consult with the Northwest Minnesota Foundation for current program details.

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120

regional Financial Assistance - central (Benton, Cass, Chisago, Crow Wing, Isanti, Kanabec, Pine, Mille Lacs, Morrison, Sherburne, Stearns, Todd, Wadena, Wright counties)

program: Assorted Financial Assistance administrator: Initiative Foundation 405 First St. S.E., Little Falls, MN 56345 (320) 632-9255 or (877) 632-9255

wEb sitE: www.ifound.org dEscription • The Initiative Foundation administers and critEria: loans for businesses within its region. Consult with the Initiative Foundation directly for current program details.

regional Financial Assistance - West central(Becker, Clay, Douglas, Grant, Otter Tail, Stevens, Pope, Traverse, Wilkin counties)

program: Assorted Financial Assistance administrator: West Central Initiative 1000 Western Ave., Fergus Falls, MN 56537 (218) 739-2239 or (800) 735-2239

wEb sitE: www.wcif.org

dEscription • The West Central Initiative administers loan and critEria: programs for businesses within its region. Consult with the West Central Initiative directly for current program details.


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regional Financial Assistance - Southeast(Blue Earth, Brown, Dodge, Faribault, Fillmore, Freeborn, Goodhue, Houston, LeSueur, Martin, Mower, Nicollet, Olmsted, Rice, Sibley, Steele, Wabasha, Waseca, Watonwan, Winona counties)

program: Assorted Financial Assistance administrator: Southern Minnesota Initiative Foundation 525 Florence Ave., Owatonna, MN 55060-0695 (507) 455-3215

wEb sitE: www.smifoundation.org

dEscription • The Southern Minnesota Initiative Foundation administers and critEria: loans to businesses within its region. Consult with the Southern Minnesota Initiative Foundation directly for current program details.

regional Financial Assistance - Southwest(Big Stone, Chippewa, Cottonwood, Jackson, Kandiyohi, Lyon, Rock, Lac Qui Parle, Lincoln, McLeod, Meeker, Murray, Nobles, Pipestone, Redwood, Renville, Swift, Yellow Medicine counties)

program: Assorted Financial Assistance administrator: Southwest Initiative Foundation 15 3rd Ave. NW, P.O. Box 428, Hutchinson, MN 55350 (320) 587-4848 or (800) 594-9480

wEb sitE: www.swifoundation.org dEscription • The Southwest Initiative Foundation administers and critEria: loans for businesses within its region. Consult with the Southwest Minnesota Initiative directly for current program details.

A I R Q U A L I T Y

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This chapter includes information about agencies and programs sponsoring this guide and the various kinds of assistance they provide to businesses.

Minnesota Pollution Control AgencyMinnesota Pollution Control Agency

Small Business Environmental Assistance Program

The Small Business Environmental Assistance Program (SBEAP) provides environmental assistance to Minnesota companies that:

• have fewer than 100 employees• are independently owned and operated• are not major sources of waste or emissions

While the focus is on compliance assistance, there is also emphasis on pollution-prevention opportunities, so that small businesses can move out of the regulatory loop into less burdensome processes.

SBEAP staff provide on-site visits, a toll-free hotline, workshops, a newsletter and a Web site. The SBEAP also works with organizations, such as the Minnesota Technical Assistance Program, the Small Business Development Centers and trade associations.

Compliance assistance and on-site visits are free of charge. All services are nonregulatory and impose no obligation on small businesses. Business specific information is kept confidential from MPCA regulatory programs unless there is imminent danger to human health or the environment.

addrEss/tElEphonE numbErMinnesota Pollution Control AgencySmall Business Environmental Assistance Program520 Lafayette Road NorthSt. Paul, MN 55155(651) 282-6143 or toll-free (800) 657-3938 www.pca.state.mn.us/programs/sbap_p.html


Small Business Environmental Assistance ProgramThe Small Business Ombudsman is an independent entity responsible for reviewing environmental regulatory activities to ensure that they are fair, reasonable and appropriate for small businesses. The ombudsman receives and investigates complaints from small businesses, mediates disputes and represents small business interests during rule making.

In addition, the ombudsman works with the Small Business Assistance Program to provide technical and educational assistance. The ombudsman may also act as a contact for small businesses seeking financial resources.

Small Business Ombudsman Office


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MINNeSOtA SMALL bUSINeSS ASSIStANce OFFIceThe Minnesota Small Business Assistance Office, part of the Minnesota Department of Trade and Economic Development (DTED), provides accurate, timely and comprehensive information and assistance to businesses in all areas of start-up, operation and expansion. The office has two bureaus: the Bureau of Business Licenses and the Bureau of Small Business. The Minnesota Small

Business Assistance Office also operates the Small Business Development Centers.

bureau of business Licenses

The Bureau of Business Licenses provides a number of services at no charge. The Bureau provides comprehensive information about the number and kind of licenses required for a business venture, the agencies issuing them, and the affirmative burdens imposed on applicants. It publishes the State of Minnesota Directory of Licenses and Permits, which is reproduced in its free publication, A Guide to Starting a Business in Minnesota. A more detailed listing of state required licenses and permits is available through the License Minnesota section of the State of Minnesota web portal, Minnesota North Star. The Bureau also provides opinions from licensing agencies on their use of discretion in issuing licenses, and on potential problems in obtaining a particular license. The Bureau has master application procedures for obtaining related and similar licenses from different agencies, and can help consolidate hearings for multiple licenses.

bureau of Small business

The Bureau of Small Business serves as a focal point within state government for information on business startup, operation and expansion.

Publications produced by the Small Business Assistance Office include:

• A Guide To STARTING A BUSINESS IN MINNESOTA A discussion of many of the major issues faced by persons planning to start a business in

Minnesota.

• An Employer’s Guide To EMPLOYMENT LAW ISSUES IN MINNESOTA Designed to alert Minnesota employers to issues which commonly arise in the employment

relationship.

• An Employer’s Guide To EMPLOYEE HANDBOOKS IN MINNESOTA

addrEss/tElEphonE numbErMinnesota Pollution Control AgencySmall Business Ombudsman Office520 Lafayette Road NorthSt. Paul, MN 55155(651) 297-8615 or toll-free (800) 985-4247 www.pca.state.mn.us/programs/sbomb_p.html

A discussion of some of the major issues associated with the development of employee handbooks, including the handbook functions, the concept of at will employment, and determining appropriate handbook provisions.

• An Employer’s Guide To EMPLOYEE BENEFITS This publication discusses employee benefits, including pension and welfare plans.

• WHY AND HOW TO CONDUCT A HUMAN RESOURCES AUDIT IN MINNESOTA This publication provides useful information to employers, with illustrative examples

of human resources audits checklists.

• LOAN DOCUMENTATION: AN INTRODUCTION FOR SMALL BUSINESSES A brief primer on the need for and uses of many of the terms and covenants used in

commercial loan transactions.

• RAISING CAPITAL: SECURITIES LAW AND BUSINESS CONSIDERATIONS This guide provides an overview of securities law considerations involved in raising

capital.

• A Guide to BIOTECHNOLOGY FINANCE A primer for both biotechnology businesses and those who counsel and assist

them on the issues associated with acquisition of both equity and debt capital for biotechnology firms.

• A Legal Guide to the INTERNET Designed to alert Minnesota companies, employers and residents to issues which

commonly are in conjunction with operating on the Internet.

• Small Business Notes Electronic format serial publication presenting a brief overview of recent trends,

developments, and issues affecting small businesses. Small Business Notes is available at www.mnsbao/notes.htm.

Note that these publications are also available for ordering free of charge or viewing and downloading in PDF format on the Minnesota Department of Employment and Economic Development's website at www.deed.state.mn.us (click on Publications). The Small Business Assistance Office continually produces new publications throughout the year. Contact the Office for a current publication list. As publications are available free of charge. The Office also sponsors seminars and workshops on small business issues.

addrEssEs/tElEphonE numbErsMinnesota Small Business Assistance Office1st National Bank Building332 Minnesota Street, Suite E200St. Paul, MN 55101(651) 296-3871 or (800) 310-8323 (voicemail publications order line)(651) 282-2103 (information and assistance)www.mnsbao.com


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SMALL bUSINeSS DeVeLOpMeNt ceNterSThe Minnesota Small Business Development Centers provide one-on-one business counseling and group training seminars on management topics throughout Minnesota. Most Small Business Development Centers are within an hour’s drive of a county seat. Counseling services are free.

Training seminars are provided at nominal cost. Fees may be charged for out-of-pocket costs and specialized services.

Counseling services primarily focus on assisting new and growing businesses in business planning, financial analysis and loan packaging, and marketing. Directly and through collaboration with other organizations, the Small Business Development Centers also offer assistance and referrals in areas like regulatory compliance assistance, federal research and development opportunities, technology transfer, exporting and government procurement. Counseling is customized to meet the needs of the client, and may be provided by staff or private-sector counselors.

Training seminars offered by the Small Business Development Centers are designed to help small business owners and managers strengthen management skills. Topics vary to meet the needs of participants. Recent topics have included access to capital, understanding and using financial statements, market analysis and planning, environmental compliance, employment issues, international trade, selling to the government, taxation, and federal research and development opportunities. Small Business Development Centers also offer pre-business workshops to help those who are considering starting a business to explore the possibilities and determine whether to pursue the venture. Training seminars offered by the Small Business Development Centers are listed on the Department of Trade and Economic Development Web site, www.mnsbdc.com.

Resource libraries at Small Business Development Centers offer access to business books, periodicals, and computerized databases. Many Small Business Development Centers have computers and business software that may be used by clients to develop business plans.

The Small Business Development Centers are a partnership of the U.S. Small Business Administration, DEED, and the colleges, universities and other organizations where Small Business Development Centers are located. Businesses served by the Small Business Development Centers must meet size standards and other requirements established by the U.S. Small Business Administration.


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addrEssEs/tElEphonE numbErsMinnesota Small Business Development Centers State Administrative Office1st National Bank Building332 Minnesota Street, Suite E200St. Paul, MN 55101(651) 297-5770 or (800) 653-8333(information)www.mnsbdc.com

Small business Development center regional Offices and counseling centers

city Location telephoneAlbert Lee Albert Lee Business Development Center 507-373-3930Apple Valley Dakota County Technical College 651-423-8600Bemidji Bemidji State University 218-755-4255Brainerd Central Lakes College 218-855-8142Cambridge Anoka-Ramsey Community College 763-433-1200Coon Rapids Anoka-Ramsey Community College 763-433-1200Duluth Central Lakes College 218-726-7298Duluth University of Minnesota- Duluth 218720-4339Ely Vermilion Community College 218-365-7295Grand Rapids Itasca Development Corporation 218-327-2241Hibbing Hibbing Community College 218-262-6703International Falls Rainy River Community College 218-285-2255Mankato Region Nine Development Commission 507-389-8895Marshall Southwest State University 507-537-7386Minneapolis University of St. Thomas 651-960-4500Moorhead Minnesota State University- Moorhead 218-477-2289Northfield Northfield Enterprise Center 507-664-0933Owatonna Owatonna Incubator, Inc. 507-451-0517Rochester Rochester Comm & Tech College 507-285-7536Rushford Southeast Minnesota Devel. Corp. 507-864-7557St. Cloud St. Cloud State University 320-255-4842Thief River Falls Northland Community & Techn. College 218-681-0701Winona Minnesota State College Southeast Technical 507-453-2740

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MINNeSOtA DepArtMeNt OF LAbOr AND INDUStrY, OccUpAtIONAL SAFetY AND HeALtH DIVISION (MNOSHA cOMpLIANce)

The mission of MNOSHA is “to make sure every worker in the State of Minnesota has safe and healthful working conditions.” MNOSHA Compliance enforces both state and federal OSHA regulations in both private and public-sector workplaces. Inspections are scheduled on a priority basis.

One major facet of the MNOSHA Compliance program is its outreach function. The division provides telephone assistance for employers, employees and the general public. A number of free publications are available through www.doli.state.mn.us or any of the three MNOSHA area offices. MNOSHA gives presentations each year about OSHA standards and specific safety and health issues to groups of employers, employees and professionals. The division periodically offers training opportunities, including a bimonthly Construction Breakfast Seminar. A number of safety videos are available for a free, two-week loan period. MNOSHA Compliance offers a free quarterly e-newsletter entitled Safety Lines.

For more information on MNOSHA Compliance programs, contact the St. Paul area office at (651) 284-5050 or (877) 470-OSHA (6742), by e-mail at [email protected] or through the MNOSHA Web site at: www.doli.state.mn.us.

MNOSHA WOrkpLAce SAFetY cONSULtAtION(651) 284-5060 or 1(800) 657-3776, James Collins, Director.Fax: (651) 284-5739 www.doli.state.mn.us/wsc.html

E-mail: [email protected]

Workplace Safety Consultation (WSC) provides free consultation services, on request, to help employers comply with MNOSHA requirements, prevent workplace accidents and prevent occupationally related diseases through several employer assistance programs. Workplace Safety Consultants are experienced safety and health professionals with a majority holding advanced degrees in safety or occupational health and many of them being Certified Safety Professionals (CSP) or Certified Industrial Hygienists (CIH).

private-Sector consultationThe department works with employers and employees to prevent safety and health problems before they occur. WSC offers free assistance, on request, to help private sector employers improve their safety and health record, lower accident costs and reduce OSHA citations and penalties. WSC consultants will help employers recognize hazards, make recommendations for solving problems and suggest other sources of help that may be available.


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The visit by a consultant is scheduled for a mutually agreeable time and is followed by a report giving the consultant’s recommendations. This service is confidential and no citations or penalties are issued. Before a consultation visit request is accepted, the requesting employer must commit to the timely correction of any serious job safety or health hazard found during the site visit. If the problem is not corrected, the violation can then be reported to MNOSHA Compliance for further investigation.

public-Sector consultationThis WSC program provides upon request, free on-site safety and health consultation services to public employers. Public Sector Consultation personnel are experienced with the unique employee safety and health issues that public sector employers face. WSC Consultants will assist employers in the recognition of workplace hazards, make recommendations for solving problems, and suggest other sources of help that may be available.

The visit by a consultant is scheduled for a mutually agreeable time and is followed by a report giving the consultant's recommendations. This service is confidential and no citations or penalties are issued. Before a consultation visit request is accepted, the requesting employer must commit to the timely correction of any serious job safety or health hazard found during the site visit. If the problem is not corrected, the violation can then be reported to MNOSHA Compliance for further investigation.

Labor-Management Safety committee programMinnesota statutes require any business with more that 25 employees to have a joint labor-management safety and health committee at the workplace. Employers with fewer than 25 employees must also have a committee if they have had numerous workplace injuries as cited by Minnesota Statutes 182.676, Subd. 1-2. At the request of both management and labor representatives, a WSC consultant is available to help interpret OSHA standards, offer training in self-inspection techniques, and prepare and help in preparing and implementing educational and training programs.

Safety grants program(651) 284-5060 or 1(800) 731-7232www.doli.state.mn.us/grants.htmlThis WSC program awards funds up to $10,000 for qualifying employers for projects designed to reduce the risk of injury and illness to their workers. To qualify, an employer must meet the following criteria: • The employer must come under the jurisdiction of MNOSHA.

• A qualified safety professional must have conducted an on-site safety inspection and written a report with recommendations based upon the inspection.

• The project must be consistent with the recommendations of the safety inspection, must reduce the risk of injury or disease to employees, and must be feasible.

• The employer must be committed to the project’s implementation. • The employer must be able to match grant money awarded and all estimated project

costs must be covered by available funds. • The project must be supported by all public entities involved and comply with federal,

state, and local regulations.

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Priority for funds is given first to manufacturing businesses, then to workplaces that have seen jobs lost due to safety shortcomings and finally to all other projects.

Workplace Violence prevention program(651) 284-5060 or 1(800) 657-3776 www.doli.state.mn.us/violence.htmlThis WSC program helps employers and employees reduce the incidence of violence in their workplaces by providing on-site consultation, telephone assistance, education and training seminars and a resource center. It is targeted toward workplaces at high risk of violence, such as convenience stores, service stations, taxi and transit operations, restaurants and bars, motels, guard services, patient care facilities, schools, social services, residential care facilities, and correctional institutions.

Loggers’ Safety education program(218)362-5915 or 1(800) 657-3776www.doli.state.mn.us/logging.htmlThis WSC program provides safety training through eight-hour seminars throughout the state. In order to receive workers’ compensation premium rebates from the Targeted Industry Fund, logger employers must maintain current workers’ compensation and they or their employees must have attended during the previous year a logging safety seminar sponsored or approved by the WSC during the previous year.

MNSHArp(651) 284-5060 or 1(800) 657-3776www.doli.state.mn.us/mnsharp.html“MNSHARP” (Minnesota Safety and Health Achievement Recognition Program) is a voluntary, consultation-based program which assists high-hazard employers in achieving safety and health improvements and recognizes them for doing so. Eligibility is open to all employers. MNSHARP participants receive a comprehensive safety and health consultation survey which results in an action plan to improve the employer's safety and health program. If the consultants believe that the employer has the ability to raise their safety and health program to meet all MNSHARP requirements within 18 months, they will recommend that the employer be given the PreSHARP designation, which includes an exemption from MNOSHA inspection. While working on the Action Plan, participants must correct identified hazards and develop and implement an effective safety and health program with full employee involvement.

When the employer meets all requirements and the lost workday injury and illness rate is below the national average for their industry, a MNSHARP Certificate of Recognition is awarded and the employer is exempted from compliance programmed inspections by the MNOSHA Division for up to three years.

WSC Consultants return to MNSHARP facilities prior to the end of their certification expiration. Provided that this on-site safety and health survey reveals that the employer is continuing to meet the program requirements, the employer’s certification is renewed and it continues to be exempt from compliance programmed inspections.


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MNStAr(651) 284-5162 or 1(800) 657-3776www.doli.state.mn.us/mnstar.html “MNSTAR” is a voluntary protection program available to any size employer in Minnesota. Small employers who previously achieved MNSHARP status can, at their option, upgrade their efforts to achieve the higher level of recognition. The MNSTAR program relies mainly on the concept of self-assessment by the requesting employer and uses the federal OSHA Voluntary Protection Program (VPP) criteria (OSHA VPP Policies and Procedures Manual).

MNSTAR requires the employer’s commitment to complete an extensive application, which includes providing the WSC Division with copies of all requested written policies and programs. The employer’s lost workday injury and illness rate must be below the state and national levels for their industry. Once the employer's application is accepted, a MNSTAR Assessment Team will conduct an extensive on-site survey to verify that the employer is meeting all of the requirements of the MNSTAR program.

Employers who meet all requirements for MNSTAR status are exempt from compliance programmed inspections by the MNOSHA Division for three years. WSC Consultants return to MNSTAR facilities prior to the end of their certification expiration. Provided that this on-site safety and health survey reveals that the employer is continuing to meet the program requirements, the employer's certification is renewed for up to five years and the facility continues to be exempt from compliance programmed inspections.

Safety and Health educational Outreach programThis WSC program offers workshops to help educate employers and employees about workplace safety and health hazards, and the OSHA standards addressing them. The aim is to assist employers in implementing and maintaining effective safety and health programs, with the goals of lowering injury and illness rates and reducing workplace injury costs.

One major activity in this effort is the WSC Educational Workshops series. Through partnership with 13 organizations throughout the state, each quarter a series of one-day safety and health seminars are presented. Seminar topics change each quarter and are based upon workplace safety and health issues of timely concern. The opportunity for employers and employees to receive affordable safety and health training in a location close to their work site is accomplished through this educational workshop program.

WSC also offers safety and health training to individual companies and organizations, upon request. Options include either a formal training session, or an informal training session conducted in conjunction with an on-site consultation visit. In either option, the specific training needs of the requesting company or organization can be addressed in the WSC outreach program.


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UNIVerSItY OF MINNeSOtA—MINNeSOtA tecHNIcAL ASSIStANce prOgrAM (MNtAp)The Minnesota Technical Assistance Program (MnTAP) provides Minnesota busi-nesses with company-specific, cost-saving solutions for waste-reduction and pollu-

tion prevention. MnTAP is a nonregulatory program that aims to help businesses reduce waste and better manage resources. Services are free.

MnTAP works primarily with Minnesota businesses in the manufacturing sector. MnTAP has worked extensively with specific industries, including dry cleaning, electronics, fiberglass, food processing, health care, laboratories, machining and metal fabrication, metal casting, metal finish-ing, painting, paper mills, printing, vehicle maintenance, and wood finishing.

MnTAP’s industry specialists know and understand the industry problems. They can answer ques-tions like:• How can I make my manufacturing process and procedures more efficient by eliminating waste?• Is there a less-hazardous material I can use at my facility?• Can I make environmental improvements that retain product quality and increase profits?• How can I use pollution prevention to meet the requirements of environmental regulations?• How can I reduce my hazardous waste generator size?

MINNeSOtA eMergeNcY pLANNINg AND cOMMUNItY rIgHt-tO-kNOW Act prOgrAMThe Minnesota Emergency Planning and Community Right-to-Know Act (EPCRA) Program, part of the Department of Public Safety, is responsible for implementation of the federal Emergency Planning and Community Right-to-Know Act and Pollution-Prevention Progress Reporting requirements of the Minnesota Pollution Prevention Act. In addition, the EPCRA can assist industry in determining its compliance status with the Risk Management Planning Requirements of the Clean Air Act.

EPCRA staff provide training and technical assistance to the regulated community. Information on chemical storage, releases and transfers, and pollution prevention activities is submitted to the EPCRA on an annual basis. This information is entered into a database and made available to the public upon request.

addrEss/tElEphonE numbEr:Minnesota Emergency Planning and Community Righ-To-Know Act Program444 Cedar Street, Suite 223St. Paul, MN 55101(651) 201-7417www.epcra.state.mn.us


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Services from MntAp include:Telephone Assistance: Staff may be able to answer questions over the telephone, such as who provides aqueous cleaning equipment or low VOC coatings. Staff can also refer you to other resources, like regulatory information and energy saving programs.

Site Visits: When solving waste issues at your facility requires more than a simple answer over the telephone, you may benefit from a site visit. A MnTAP staff member will visit your facility to gain a better understanding of your processes and to identify strategies for improving efficiency and reducing waste at your facility. Call for assistance or to request a site visit.

Environmental Planning: MnTAP can help you find solutions that contribute to your pollution prevention planning, Environmental Management System (EMS) and ISO certification process.

Intern Program: MnTAP hires and pays college students with technical backgrounds to work full-time for a summer in companies to solve waste problems by developing effective waste-reduction solutions. A company cost share is required. www.mntap.umn.edu/intern.

Customized Research: MnTAP’s non-lending library has more than 4,700 industrial and trade publications, technical journals, reports and books. Staff can help with searching. Staff has access to the University of Minnesota resources, as well as connections to industry experts across the country.

Presentations and Workshops: MnTAP will work with your company or trade association to develop an industry-specific presentation or workshop. These workshops or conferences focus primarily on reducing waste.

Information Resources MnTAP offers over 100 resources including fact sheets, vendor reference lists, and case studies. MnTAP also publishes a free newsletter, Source. Most of MnTAP’s publications are available at www.mntap.umn.edu. There are several industry specific sections. Information on services and staff is also available. Publications include:

• Source: MnTAP’s newsletter keeps businesses informed about ways to reduce waste and enhance efficiency. It also provides updates on regulatory news and a calendar of waste related events

• Minnesota Guide to Pollution Prevention Planning: the manual is designed to help facilities take advantage of the economic and environmental benefits that can come from pollution prevention planning. Available at www.mntap.umn.edu.

Materials exchange program—the business reuse NetworkThe program links companies that have excess reusable goods, that otherwise would be disposed of, with companies who can use them. In the last five years, the Materials Exchange has helped businesses save about $3 million and exchange over eight million pounds of material.

MnTAP is funded by a grant from the State of Minnesota, through the Minnesota Pollution Control Agency’s Prevention and Assistance Division, to the School of Public Health at the University of Minnesota.


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ADDRESS/TELEPHONE NUMBERS:Minnesota Technical Assistance Program (MnTAP)University of Minnesota200 Oak Street SE, Suite 250Minneapolis, MN 555455-2008(612) 624-1300; toll-free (800) 247-0015fax (612) 624-3370www.mntap.umn.edu

Minnesota Materials Exchange Programsee MnTAP above or www.mnexchange.org

peStIcIDe SAFetY eDUcAtION AND eNVIrONMeNtAL eDUcAtION prOgrAM (pSee)University of Minnesota extension ServiceThe PSEE is a cooperative national partnership between the US Environmental Protection Agency, US Department of Agriculture, Minnesota Department of Agriculture, and the University of Minnesota Extension Service. PSEP provides pesticide-related education, training and information to pesticide applicators and the public. The largest activity of PSEP is providing educational leadership for pesticide applicator certification in agriculture, forestry, food processing, water resources, structures, buildings, industrial applications, turf and landscapes, road and utility rights-of-way, and other uses.

PSEE also partners in providing educational outreach addressing water quality, integrated pest management for schools and other community settings, pesticide-related concerns of waste management and recycling, environmental public issue education, farm labor and other employee education, endangered and threatened species, and other health, safety, and environmental pesticide related concerns.

addrEss/tElEphonE numbErs:Dean Herzfeld, CoordinatorPesticide Safety Education and Environmental Education ProgramDepartment of Plant Pathology495 Borlaug Hall1991 Upper Buford CircleSt. Paul, MN 55108(651)624-3477e-mail: [email protected]/pesticides


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AAboveground Storage Tank (AST) 50, 55–58Acute Waste 6, 12, 95Agricultural Chemical Response and Reimburse-

ment Account (ACRRA) 116Asbestos 27, 28, 106A Workplace Accident and Injury Reduction

(AWAIR) 98

BBallasts 8

CCertificates of Completion 66Chlorofluorocarbon (CFCs) 27Common Plan of Development or Sale 45, 46Community Right-To-Know 76, 79, 81, 82, 104,

134Construction Stormwater 37, 45, 46Contingency Plan and Safety Plan 65Corrosive Waste 7, 12

DDust 20, 21, 84

EEmission Factors 24Environmental Assistance Grant and Loan Program

115Extremely Hazardous Substances (EHS) 73, 77,

78

FFeasibility Study 61, 64Fluorescent Light Bulbs 8

GGeneral Liability Letter 70

HHalogenated Solvent 6, 23Hazardous Air Polllutants (HAPs) 19, 20, 21, 22,

25, 28, 29, 30, 31Hazardous Waste

Corrosive Waste 7, 12Emergency Planning 15Exempt Waste 5Ignitable Waste 7Lethal Waste 7Listed Waste 5, 6, 12

Manifest 13, 14, 15, 16Marking & Storing 10, 13, 15Oxidizing Waste 7Reactive Waste 7Recordkeeping 15, 16Toxicity Characteristic Waste 7Transport & Disposal 12, 13

Hazardous Waste ID Number 4, 8, 9Hazardous Waste Operations and Emergency

Response (HAzWOPER) 103

IIndustrial Stormwater 41, 42, 43, 44, 45Injury and Illness Rate (IR) 98

LLead 20, 25, 27, 39Liability Assurances 65, 69License

Hazardous Waste License 4, 9, 16Pesticide Applicator License 110, 111

Limited No-Action Determination 66Limited Site Investigation (LSI) 67, 68Lost Workday Incidence Rate (LWDIR) 98

MMaterial Safety Data Sheet (MSDS) 5, 7, 21, 76,

77, 89, 96, 97, 101MNSTAR 133Mobile Sources 21, 27

NNational Emission Standard for Hazardous Air Pol-

lutants (NESHAPs) 19, 22, 23National Pollution Discharge Elimination System

(NPDES) 6, 40, 43, 56National Response Center 76, 78New Source Performance Standard (NSPS) 19, 22,

23, 25, 26No-Action Determination 66No Association Determination 66Noise 27, 95, 99, 106

OOxidizing Waste 7

PPerformance Test 24Pesticide Applicator License 110, 111Petroleum Brownfields Program (PBP) 63, 69Petroleum Remediation Program (PRP) 62, 63, 67

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Petroleum Tank Release Cleanup Fund (Petrofund) 117

Polychlorinated Biphenyls (PCBs) 3, 8Potential To Emit (PTE) 19, 22, 23, 24Pretreatment Standards 35, 37, 38, 40Progress Report 75, 81, 83, 134

RReactive Waste 7Registration Permits 25, 26, 27Remedial Investigation (RI) 61, 64, 67, 68

SSafety Grant Program 116Sanitary Sewer 35, 39Septic Tank 39, 51Small Business Environmental Improvement Loans

115Spill Bill 73, 76, 77State Duty Officer 63, 76, 78Stormwater

Construction 35, 36, 37, 41, 42, 45, 46, 97Industrial 41, 42, 43, 44, 45No Exposure 41, 42, 43, 45

Stormwater Pollution Prevention Plan (SWPPP) 44, 45

Superfund Program 63

TToxic Inventory Reports 74Toxicity Characteristic Waste 7Toxic Pollution Prevention Act (TPPA) 82, 83

UUnderground Storage Tank (UST) 49, 51, 52, 53, 54,

58, 67

VVehicle Emissions 21Volital Organic Compounds (VOCs) 20, 21, 22, 24,

25, 26, 27Voluntary Investigation Cleanup (VIC) 63, 65, 66

WWastewater 6, 12, 33, 35, 36, 37, 39, 40, 41, 43, 51,

56, 78Wellhead Protection Program 36, 37, 46Workplace Accident and Injury Reduction (AWAIR)

91, 98

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Small Business Environmental Assistance Program520 Lafayette Road NorthSt. Paul, MN 55155-4194800-651-3938 | 651-282-6143www.pca.state.mn.us/programs/sbap_p.html

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