3rd Edition
Environmental Guide
for Small Businesses
in Minnesota
Small Business Environmental Assistance Program
Minnesota
Pollution
Control
Agency
Acknowledgements
The 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 Reviewers:
Editor: Kim Grosenheider
Diane Amell
Mary James Baker
Nate Blasing
Peter Bratsch
Sandeep Burman
Randy Dunnette
Nancy Ellefson
Collie Graddick
Dean Herzfeld
Colleen Hetzel
Thomas Jablonski Barb Jackson
Troy Johnson
Cynthia Kahrmann
Brian Livingston
Debra Mckinley
David Moore
Michael Myhre
2nd Edition Reviewers:
Editor: Troy Johnson
Diane Amell
Denine Casserly
Vicki Cook
Linda Countryman
Randy Dunnette
Nancy Ellefson
Mike Findorff
Keith Friesen
Dean Herzfeld
Chai Insook
Barb Jackson
Charlie Kennedy
Mary Kruger
Steve Lee
Mike Nelson
Bruce Olsen
1st Edition
Contributors:
Primary Author and Editor: Barb Loida
Diane Amell
Debra McKinley
Mary Kruger
Charles Schaffer
Diane Amell
Nancy Ellefson
Kris Hudson
Troy Johnson
Charlie Kennedy
Mary Kruger
Debra McKinley
Phyllis Strong
Steve Tomlyanovich
Scharmine Williams
Workgroup Reviewers:
Mike Nelson
John O'brien
Bruce Olsen
Paul Pagel
Mark Simmer
Joe Spitzmueller
Phyllis Strong
Steve Tomlyanovich
Jim Pearson
Donna Peterson
Lance Poyzer
Charles Schaffer
Phyllis Strong
Steve Tomlyanovich
John Wagner
Doug Wetzstein
Special thanks to the United States Environmental Protection Agency for the grant which
funded the 1st edition.
ii
contents
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
Third edition, August 2007; Second edition, May 2003; First edition, August 1999.
50% Post-consumer waste paper.
Processed chlorine-free paper.
iii
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 Grosenheider
Small Business Environmental Assistance
Minnesota Pollution Control Agency
(651) 282-6143
(800) 657-3938
[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.
v
Hazardous Waste
Hint:
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 2
http://www.mntap.umn.edu/source/2006-2/procedures.htm
1
ha z ardous waste
Start
Do you generate a solid or
liquid waste?
NO
You are not subject to hazardous
waste regulations.
YES
You are not subject to hazardous
waste regulations.
YES
You generate hazardous waste.
Continue on the next page.
YES
You generate hazardous waste.
Continue on the next page.
NO
You are not subject to hazardous
waste regulations.
YES
Evaluate your waste to determine
if it is hazardous.
Is the waste exempt?
NO
Is the waste listed as
hazardous waste?
NO
Does the waste exhibit a
hazardous characteristic?
NO
Does the waste contain 50 ppm
or greater PCBs?
YES
You generate hazardous waste.
Continue on the next page.
...continued on next page
3
ha z ardous waste
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.
Do not exceed accumulation
amounts and time limits.*
Manifest shipments.*
Keep records.*
*Requirements depend on generator size.
4
ha z ardous waste
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 wastes
Before 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
5
ha z ardous waste
• 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.
6
ha z ardous waste
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.
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.
Oxidizing waste - D001
astes that add oxygen to a fire. Oxidizing substances often have “per...” at the beginning
W
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, sulfideor 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
astes that, under acidic conditions, release toxic metals, pesticides or volatile organic
W
chemicals above certain limits. Examples of toxic hazardous wastes are photographic fixers,
some paints and chemical wastes.
7
ha z ardous waste
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 size
To 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:
220 pounds of hazardous waste or less per
month (about one-half a 55-gallon drum of
liquid waste)
VSQG
(Very Small Quantity Generator)
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)
SQG
(Small Quantity Generator)
2,200 pounds or more of hazardous waste
per month (four or more 55-gallon drums of
liquid waste)
LQG
(Large Quantity Generator)
Remember, the less waste generated, the fewer the requirements.
Step 2: Obtain a Hazardous Waste Identification Number
Hazardous 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.
8
ha z ardous waste
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.
What
to do if you are
moving or no longer
generating waste.
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 license
All 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.
9
ha z ardous waste
Step 4: Place waste in marked, leakproof containers
Containers 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 Label
7787 Ranchers Road Northeast
Fridley, MN 55432
763-574-2275 OR 800-927-7701
www.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
Uline
985 Aldrin
Eagan, MN 55121
800-295-5510
www.uline.com
For: labels, placards, packaging
10
Labelmaster Company
Division of American Label Mark
5724 North Pulaski Road
PO Box 46402
Chicago, IL 60646
800-621-5808
www.labelmaster.com
For: labels, placards, packaging
Lab Safety Supply
PO Box 1368
Janesville, WI 53547-1368
(800-356-0783
www.labsafety.com
For: labels, placards, packaging
ha z ardous waste
Step 5: Store wastes correctly
Follow 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.
hip stored waste within 180 days of the time it
S
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.
11
ha z ardous waste
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 correctly
Generators 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.
12
ha z ardous waste
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 Questions to
within the last two years? Have they had spills or accidents within the past two years? If
consider in
so, were appropriate cleanup actions taken? Ask the transporter for the names of other
customers and call them for their opinion.
selecting
• Does the transporter maintain adequate insurance? Depending on what is hauled
a transporter.
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.
13
ha z ardous waste
Step 7: Manifest hazardous waste shipments
A 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.
Please print or type. (Form designed for use on elite (12-pitch) typewriter.) �
UNIFORM HAZARDOUS 1. Generator ID Number
WASTE MANIFEST
�
�
Form Approved. OMB No. 2050-0039
4. Manifest Tracking Number
U.S. EPA ID Number
7. Transporter 2 Company Name
U.S. EPA ID Number
8. Designated Facility Name and Site Address
U.S. EPA ID Number
Facility's Phone:
D
I
VO
10. Containers
9b. U.S. DOT Description (including Proper Shipping Name, Hazard Class, ID Number,
and Packing Group (if any))
1.
GENERATOR
�
Generator's Site Address (if different than mailing address)
Generator's Phone:
6. Transporter 1 Company Name
9a.
HM
�
2. Page 1 of 3. Emergency Response Phone
5. Generator's Name and Mailing Address
2.
3.
4.
14. Special Handling Instructions and Additional Information
No.
Type
11. Total
Quantity
12. Unit
Wt./Vol.
13. Waste Codes
TR ANSPORTER INT'L
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.
Signature
Month
Day
Year
Generator's/Offeror's Printed/Typed Name
16. International Shipments
Import to U.S.
Transporter signature (for exports only):
�
�
17. Transporter Acknowledgment of Receipt of Materials
Transporter 1 Printed/Typed Name
�
�
Transporter 2 Printed/Typed Name
Export from U.S.
�
Port of entry/exit: _________________________________________________________
Date leaving U.S.: �
Signature
Month
Day
Year
Signature
Month
Day
Year
18. Discrepancy
18a. Discrepancy Indication Space
Quantity
Type
Residue
Full Rejection
Partial Rejection
DESIGNATED FACILITY
Manifest Reference Number:
18b. Alternate Facility (or Generator)
U.S. EPA ID Number
Facility's Phone:
18c. Signature of Alternate Facility (or Generator)
Month
Day
Year
Month
Day
Year
1.
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
EPA Form 8700-22 (Rev. 3-05) Previous editions are obsolete.
DESIGNATED FACILITY TO DESTINATION STATE (IF REQUIRED)
For VSQGs in
Scott County
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
For VSQGs in Anoka, Carver,
Dakota, Hennepin, Ramsey
and Washington Counties
For all Minnesota
SQGs and LQGs*
Scott County Hazardous Waste Manifest ProgramMPCA
200 Fourth Avenue West
Mail Code 609
Attn.: HWIMS
Shakopee, MN 55379-1220 300 South Sixth Street
520 Lafayette Road North
Minneapolis, MN 55487
St. Paul, MN 55155-4194
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.
14
ha z ardous waste
Step 8: Emergency planning
All 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 personnel
SQGs 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:
• P roper 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 records
Your 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.
15
ha z ardous waste
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.
16
Air Quality
Hint:
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 petroleumbased 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
air quality
Start
Do you operate or maintain any
equipment, processes, or piles that
generate any air emissions?
NO
You do not need an air emissions
permit. Comply with other
applicable regulations.
YES
YES
Are these emissions "insignificant",
"conditionally insignificant" or
"conditionally exempt"?
NO
Are you subject to a New Source
Performance Standard (NSPS) or
a National Emission Standard for
Hazardous Air Pollutants?
YES
Comply with the NSPS
and/or NESHAP.
NO
NO
Calculate your facilities
Potential To Emit (PTE).
Does your facilities PTE exceed
permitting thresholds?
Does the NSPS and/or NESHAP
require an air emissions permit?
YES
YES
You need to obtain an air emissions
permit. Comply with other
applicable regulations.
NO
You do not need an air emissions
permit. Comply with other
applicable regulations.
19
air quality
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.
air/pubs/.
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 Emissions Permits
Step 1: Evaluate your operations
First, 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
Emission sources
(PM10).
• Handling and transfer of materials: PM and PM10 emissions may be generated from
equipped with a
these operations.
• Boilers, dryers, heaters or generators: fossil fuel emissions such as nitrogen oxide
pollution-control
(NOx), carbon monoxide (CO), sulfur dioxide (SO2) and PM are regulated
device or vented
pollutants.
• Lead smelting: lead (Pb) is a regulated air pollutant.
inside the plant
• U
se of solvent-containing materials: many common paints and solvents are regulated
as
Volatile Organic Compounds (VOCs) or Hazardous Air Pollutants (HAPs). A list of
should be included
the 187 HAPs can be found at the end of this chapter.
in the inventory.
• 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
air quality
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
air quality
• 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 permit
EPA develops New Source Performance Standards (NSPS) and National Emission Standards for
You must comply
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.
with NSPS and
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
NESHAP
requirements
regulations if
of the standard if any NSPS or NESHAP applies to your facility. These standards are
enforceable without a permit.
they apply to
your operations.
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
air quality
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, #2GT4GT 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).
the MPCA has
• Subpart M Perchloroethylene Solvent Dry Cleaning
emission calculation
• Subpart T Halogenated Solvent Degreasing
• Subpart N Chromium Electroplating and Anodizing
spreadsheets and factsheets
• Subpart O Commercial Sterilization Operations (ethylene oxide)
• Subpart RRR Secondary Aluminum Smelters
to help you.
Your facility must still comply with any of these standards that apply to your
To obtain these, call
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
SBEAP or see www.pca.
site at www.pca.state.mn.us/programs/sbap_p.html.
state.mn.us/
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
industry/sbeg/index.html.
23
air quality
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 necessary
If 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
air quality
Permitting Thresholds
Particulate Matter (PM)
Particulate Matter less than 10 microns (PM10)
Tons/Year
100
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
Combined
10
25
Step 7: Complete a permit application
There 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
air quality
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
regulations
Finally, you must comply with your air permit on an on-going
basis. Registration Permits requirements include:
Option A permits
Comply with the provisions of the NSPS that applies to
the facility.
Option B permits
Keep a yearly total of your purchase or use of VOC-containing material to ensure you
remain in compliance with the 2,000-gallon limit.
For
small emission
sources, you may
only need to track
Option C permits
Track 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.
emissions once a
Option D permits
Calculate monthly actual emissions for all significant emission sources at the facility.
year. Call SBEAP
Every month, you must also calculate emissions for the past 12 months to ensure that
for assistance.
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
air quality
Other Air Quality Regulations/Programs
In 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
air quality :
H a z ardous air pollutants
A
75150
Carbon disulfide
75070
Acetaldehyde
56235
Carbon tetrachloride
60355
Acetamide
463581
Carbonyl sulfide
75058
Acetonitrile
120809
Catechol
98862
Acetophenone
133904
Chloramben
53963
2-Acetylaminofluorene
57749
Chlordane
107028
Acrolein
7782505
Chlorine
79061
Acrylamide
79118
Chloroacetic acid
79107
Acrylic acid
532274
2-Chloroacetophenone
107131
Acrylonitrile
108907
Chlorobenzene
107051
Allyl chloride
510156
Chlorobenzilate
92671
4-Aminobiphenyl
67663
Chloroform
62533
Aniline
107302
Chloromethyl methyl ether
90040
o-Anisidine
126998
Chloroprene
1332214
Asbestos
1319773
Cresols/Cresylic acid
(isomers and mixtures)
B
95487
o-Cresol
71432
Benzene
108394
m-Cresol
92875
Benzidine
106445
p-Cresol
98077
Benzotrichloride
98828
Cumene
100447
Benzyl chloride
92524
Biphenyl
D
117817
Bis (2-ethylhexyl)
94757
2,4-D, salts and esters
phthalate (DEHP)
3547044
DDE
542881
Bis (chloromethyl) ether
334883
Diazomethane
75252
Bromoform
132649
Dibenzofurans
106990
1,3-Butadiene
96128
1,2-Dibromo-3-chloropropane
84742
Dibutylphthalate
106467
1,4-Dichlorobenzene(p)
C
156627
Calcium cyanamide
91941
3,3-Dichlorobenzidene
133062
Captan
111444
Dichloroethyl ether
63252
Carbaryl
28
(Bis (2-chloroethyl) ether)
air quality :
H a z ardous air pollutants
542756
1,3-Dichloropropene
107211
Ethylene glycol
62737
Dichlorvos
151564
Ethylene imine (Aziridine)
111422
Diethanolamine
75218
Ethylene oxide
121697
N,N-Dimethylaniline
96457
Ethylene thiourea
64675
Diethyl sulfate
75343
Ethylidene dichloride
119904
3,3-Dimethoxybenzidine
60117
Dimethyl aminoazobenzene
119937
3,3-Dimethyl benzidine
F
79447
Dimethyl carbamoyl chloride
50000
68122
Dimethyl formamide
57147
1,1 Dimethyl hydrazine
H
131113
Dimethyl phthalate
76448
Heptacholor
77781
Dimethyl sulfate
118741
Hexachlorobenzene
534521
4,6-Dinitro-o-cresol, and salts
87683
Hexachlorobutadiene
51285
2,4-Dinitrophenol
77474
Hexachlorocyclopentadiene
121142
2,4-Dinitrotoluene
67721
Hexachloroethane
123911
1,4-Dioxane (1,4-Diethyleneoxide)
822060
Hexamethylene-1,6-diisocyanate
122667
1,2-Diphenylhydrazine
680319
Hexamethylphosphoramide
110543
Hexane
302012
Hydrazine
Epichlorohydrin
7647010
Hydrochloric acid
(1-Chloro-2,3-epoxypropane)
7664393
Hydrogen fluoride
E
106898
106887
1,2-Epoxybutane
140885
Ethyl acrylate
100414
Ethyl benzene
51796
Ethyl carbamate (Urethane)
75003
Ethyl chloride (Chloroethane)
106934
Ethylene dibromide
(Dibromoethane)
107062
(1,1-Dichloroethane)
Formaldehyde
(hydrofluoric acid)
123319
Hydroquinone
I
78591
Isophorone
L
58899
Lindane (all isomers)
Ethylene dichloride
(1,2-Dichloroethane)
29
air quality :
H a z ardous air pollutants
M
P
108316
Maleic anhydride
56382
Parathion
67561
Methanol
82688
Pentachloronitrobenzene 72435
Methoxychlor
74839
Methyl bromide (Bromomethane)
87865
Pentachlorophenol
74873
Methyl chloride (Chloromethane)
108952
Phenol
71556
Methyl chloroform
106503
p-Phenylenediamine
(1,1,1-Trichoroethane)
75445
Phosgene
78933
Methyl ethyl ketone (2-Butanone)
7803512
Phosphine
60344
Methyl hydrazine
7723140
Phosphorus
74884
Methyl iodide (Iodomethane)
85449
Phthalic anhydride
108101
Methyl isobutyl ketone (Hexone)
1336363
Polychlorinated biphenyls
624839
Methyl isocyanate
80626
Methyl methacrylate
1120714
1,3-Propane sultone
1634044
Methyl tert butyl ether
57578
beta-Propiolactone
101144
4,4-Methylene bis (2-chloroaniline)
123386
Propionaldehyde
75092
Methylene chloride 114261
Propoxur (Baygon)
(Dichloromethane)
78875
Propylene dichloride
101688
101779
(Quintobenzene)
(aroclors)
Methylene diphenyl diisocyanate
(1,2-Dichloropropane)
(MDI)
75569
Propylene oxide
4,4-Methylenedianiline
75558
1,2-Propylenimine
(2-Methyl aziridine)
N
91203
Naphthalene
Q
98953
Nitrobenzene
91225
Quinoline
92933
4-Nitrobiphenyl
106514
Quinone
100027
4-Nitrophenol
79469
2-Nitropropane
684935
N-Nitroso-N-methylurea
62759
N-Nitrosodimethylamine
59892
N-Nitrosomorpholine
S
100425
Styrene
96093
Styrene oxideT
1746016
2,3,7,8-Tetrachlorodibenzop-dioxin
30
air quality :
H a z ardous air pollutants
79345
1,1,2,2-Tetrachloroethane
X
127184
Tetrachloroethylene 1330207
Xylenes (isomers and mixtures)
(Perchloroethylene)
95476
o-Xylenes
7550450
Titanium tetrachloride
108383
m-Xylenes
108883
Toluene
106423
p-Xylenes
95807
2,4-Toluene diamine
584849
2,4-Toluene diisocyanate
COMPOUNDS
95534
o-Toluidine
Antimony compounds
8001352
Toxaphene (chlorinated
Arsenic compounds
camphene)
(inorganic including arsine)
120821
1,2,4-Trichlorobenzene
Beryllium compounds
79005
1,1,2-Trichloroethane
Cadmium compounds
79016
Trichloroethylene
Chromium compounds
95954
2,4,5-Trichlorophenol
Cobalt compounds
88062
2,4,6-Trichlorophenol
Coke oven emissions
121448
Triethylamine
Cyanide compounds
1582098
Trifluralin
Glycol ethers
540841
2,2,4-Trimethylpentane
Lead compounds
Manganese compounds
V
Mercury compounds
108054
Vinyl acetate
Mineral fibers
593602
Vinyl bromide
Nickel compounds
75014
Vinyl chloride
Polycyclic organic matter
75354
Vinylidene chloride
Radionuclides
(1,1-Dichloroethylene)
Selenium compou
31
Water Quality
Hint:
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 2
http://mntap.umn.edu/source/2006-2/sunnyfresh.htm
33
water quality
Start
Do you generate any process
wastewater (including noncontact
cooling water)?
YES
NO
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?
YES
NO
You may need a stormwater permit.
(page 41)
Go to *
(next page)
Is this wastewater being discharged
to a septic system?
YES
This practice needs to be
discontinued. Groundwater
contamination may occur and
cleanup can be expensive.
NO
See page 37 for help in
determining if a categorical
pretreatment standard applies to
your facility.
NO
Have you determined whether the
industrial wastewaters are subject
to a categorical pretreatment
standard?
YES
Are you subject to a categorical
pretreatment standard?
YES
You must comply with the provisions
of the standard. You may also need a
permit from the MPCA.
NO
Do you discharge wastewater to a
sanitary sewer?
YES
You need to receive approval to
discharge industrial wastewater from
the local wastewater treatment plant.
NO
...continued on next page
35
water quality
Do you discharge wastewater to
surface or groundwater?
YES
You may require a permit
for this practice.
NO
You are not required to obtain a
stormwater permit.
NO
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?
YES
You may need to obtain a stormwater
permit. (page 41)
* Is your facility's drinking water
supply a private well?
NO
YES
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)
36
You are not subject to the Wellhead
Protection Program.
water quality
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) 282-6246
Pretreatment Standards........................................ (651) 296-8006
Water Quality Discharge Permits......................... (651) 296-6300
Industrial and Construction
Stormwater 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 streams
In 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 apply
The 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.
37
water quality
Table 1: Categorical Pretreatment Standards
Categorical StandardsRegulation 40 CFR #
Aluminum Forming
Battery Manufacturing
Centralized Waste Treatment
Coil Coating
Copper Forming
Electrical & Electronic Components
Electroplating
Incinerators
Inorganic Chemicals Manufacturing
Iron & Steel Manufacturing
Landfills
Leather Tanning and Finishing
Metal Finishing
Metal Molding and Casting
Nonferrous Metal Forming
Nonferrous Metal Manufacturing
Organic Chemicals, Plastics & Synthetic Fibers Manufacturing
Pesticide Manufacturing
Petroleum Refining
Pharmaceutical Manufacturing
Porcelain Enameling
Pulp, Paper and Paperboard Manufacturing
Builder's Paper &Board Mills
Steam Electric Power Generating
Timber Products Processing
Transportation Equipment Cleaning
38
467
461
437
465
468
469
413
444
415
420
445
425
433
464
471
421
414
455
419
439
466
430
431
423
429
442
water quality
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 wastewaters
Disposal to Septic Tanks
Industrial 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 Sewer
Discharge 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.
39
water quality
Discharge to Surface Water or Ground Water
Discharging 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.
40
water quality
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 business
Facilities 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.
41
water quality
Table 2
Business Type or Activity
SIC Code Miscellaneous
Metal Mining
10XX
Coal Mining
12XX
Oil and Gas Extraction
13XX
Mining and Quarrying of Nonmetallic Minerals (except fuels) 14XX
Food and Kindred Products
20XX
Tobacco Products
21XX
Textile Mill Products
22XX
Apparel and Other Finished Products Made from Fabrics and
Similar Materials
23XX
Lumber and Wood Products
24XX
Furniture and Fixtures
25XX
Printing, Publishing and Allied Industries
27XX
Chemicals and Allied Products
28XX
Petroleum Refining and Related Industries
29XX
Rubber and Miscellaneous Plastic Products
30XX
Leather and Leather Products
31XX
Stone, Clay, Glass and Concrete Products
32XX
Primary Metal Industries
33XX
Fabricated Metal Products except Machinery and Transportation
Equipment
34XX
Industrial and Commercial Machinery and Computer Equipment 35XX
Electronic and other Electrical Equipment and Components
(except Computer Equipment)
36XX
Transportation Equipment
37XX
Measuring, Analyzing, and Controlling Instruments;
Photographic, Medical and Optical Goods; and Watches and
Clocks
38XX
Miscellaneous Manufacturing Industries
39XX
Transportation 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:
42
water quality
• 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 permit
All 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 stormwater
pollution prevention plan before submitting an application to the MPCA.
If you are required to receive permit coverage, an annual $400 fee is charged.
43
water quality
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 conditions
Submit an annual report. Report forms are sent to you by the MPCA each January and are
due 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
water quality
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.
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.
45
water quality
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.
Non-Structural BMPs
• Low Impact Development
• Phasing Land Disturbance
• Minimizing Disturbance
• Preserving Natural Vegetation
• Good Housekeeping
Structural BMPs
Erosion 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.
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.
46
47
Tanks
air quality
tanks
Start
Do you store a hazardous
substance or a petroleum product?
Underground Storage Tanks (UST)
NO
The UST is not regulated.
NO
Notification is not required.
UST is not regulated.
YES
Is the storage capacity 110 gallons
or greater?
YES
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).
Keep records.
49
tanks
Aboveground Storage Tanks (AST)
Start
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.
YES
NO
Store any hazardous substances
or petroleum products?
Do you store a liquid that may cause
pollution to waters of the state
(including feed based products) and
is storage capacity > 500 gallons?
NO
YES
Is the storage capacity 10,000
gallons or greater?
YES
Develop spill planning and
response plan.
NO
NO
YES
Is the storage capacity 500
gallons or greater?
NO
Tank rules do not apply.
YES
Submit a "Aboveground Tank
Facility Notification Form".
Provide secondary containment.
Conduct leak/monitoring tests.
YES
Is the storage capacity 1,100
gallons or greater?
NO
Provide spill/overfill containment.
Provide corrosion protection
(required for steel AST >1,100 gals).
50
Follow other applicable
tank requirements.
tanks
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) 657-3864
If 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
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tanks
• 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.
Step 2: Provide notifications and registrations for underground
storage tanks
All 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 requirements
Regulated 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.
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tanks
Leak Prevention Requirements
Type of System
Requirements
Pressurized Systems
Continuous:
Requires both continuous
and periodic leak detection.
•
•
•
Automatic Flow Restrictor
Automatic Shutoff Device
Continuous Alarm
Periodic:
•
•
•
•
Suction Systems
If system has a check valve solely at the
dispenser, then leak detection testing is not
required.
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
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 requirement
Regulated 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.
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tanks
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 requirements
Regulated 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.
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tanks
Aboveground Tanks
Step 1: Determine whether your tank is affected
If 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.
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tanks
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 place
All 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.
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tanks
Tanks installed after November 1, 1998
At 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 tests
Tanks 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 place
Aboveground 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
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tanks
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 place
Substance 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 requirements
General 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.
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59
Cleanup & Remediation
air quality
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SUPERFUND
(NonPetroleum Sites)
Start
Release detected.
Conduct preliminary assessment.
Is immediate or emergency actions
necessary?
YES
Take immediate action to eliminate
or stabilize the threat.
NO
No further action required.
NO
Is further remedial action needed?
YES
Possible listing on State or
Federal Superfund list. Conduct
remedial investigation.
Develop feasibility study including
evaluating cleanup alternatives.
Propose cleanup plan.
PLEASE NOTE: Due to the
complexities of the cleanup process,
these programs may not necessarily
function in the linear fashion depicted
on these flowcharts.
Conduct site cleanup.
Delist or close site once response
actions are completed or in longterm operation and maintenance.
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Start
Release detected.
Tank pulled?
NO
NO
YES
PETROLEUM
REMEDIATION PROGRAM
(Petroleum Tank Release Sites)
Emergency or high priority?
(i.e., free product, potential drinking
well contamination, potential vapor
problems, release in environmentally
sensitive areas).
YES
NO
NO
Does soil excavation policy require
additional investigation?
Submit LSI report.
Submit excavation report.
YES Conduct limited site investigation
NO
Is an aquifer impacted above HRLs
(or likely to be)?
YES
YES
MPCA closes the site.
Complete full remedial
investigation (RI).
Submit report or request information.
MPCA report review.
Action completed?
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Contact MPCA and initiate response
actions.
(LSI).
NO
MPCA requests additional
information or work be completed.
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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.
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Step 1: Preliminary assessment
A 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 process
The Superfund remedial process includes all steps needed to remediate a polluted area to the
cleanup goals for the site.
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.
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 study
Data 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 document
After 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 cleanup
After 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.
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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 LETTERS
These 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.
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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.
Call
the
VIC
program for
additional program information
or guidance documents, or visit
www.pca.state.mn.us/
cleanup/vic.html.
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.
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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 necessary
Due
to variable site conditions and
the degree of contamination, steps
Quick action is often warranted at recent releases in order to avoid a more
difficult or costly assessment and remediation. Emergency sites and some required to clean up a specific site
high-priority sites generally require immediate action. Petroleum release
will differ. Typical actions include
sites with a contaminated drinking water well, or high vapor levels in
basements or utilities are often managed initially by the MPCA’s Emergency the following steps.
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 investigation
A 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.
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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 investigation
is that a full remedial investigation requires additional hydrogeologic information, including
groundwater 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.
68
C leanup and remediation
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 Assistance
Expedited review of petroleum contamination investigations and cleanups
Transfer or financing property with petroleum contamination originating from an
on-site storage tank often hinges on MPCA approval of corrective actions required
under the Petroleum Tank Release Cleanup Act (Minn. Stat. 115C). Because time is
often of the essence, the PBP Program offers an expedited review of the reports
required. 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 contamination
that did not originate from an on-site storage tank. PBP staff will close the site file
when they conclude that investigation and/or cleanup has adequately addressed the
contamination. Obtaining file closure can be vital to the sale of these petroleum
nontank release sites.
Review of development response action plans
Even after cleanup or MPCA file closure, most properties still have some contamination
remaining. State law requires that persons properly manage contaminated soil
and water they uncover or disturb, even if they are not the party responsible for
contamination.
Owners of property where contaminated soil or water might be encountered must
include provisions called “response actions” in development plans, for management
of contaminated soil or water. For some properties, actions may be needed to
prevent further spreading of the contamination or to prevent vapors from entering
buildings or utility access shafts. MPCA can approve proposed response actions.
By obtaining MPCA approval, property owners, purchasers, developers and lenders
can be reasonably confident of what is required if contamination is uncovered.
In addition, cost-saving measures can be approved, such as using contaminated soil
on-site as “controlled fill.”
Liability Assurance Letters
Lenders, mortgagors or purchasers often require assurance to demonstrate they are
not responsible for contamination at a property. PBP staff can issue several types
of letter that confirm this. These letters also cover successive purchasers of the
property, as long as they were not in some way responsible or involved with the
original release.
69
C leanup and remediation
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 Letter
This letter confirms the status of a closed leak site and can serve to add information
to the site file after the file is closed. The letter confirms that a petroleum tank
release occurred at the property and the file closure status is still valid.
Off-Site Tank Release Determination Letter
This letter identifies the source of petroleum contamination and states that the owner
of the affected property is not a responsible party for the contamination. To obtain
this letter, information is required to show there is no on-site source of contamination
and that the contamination migrated to the property from an off-site tank.
General Liability Letter
This 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, it
states that, if a person comes into possession of property after tanks are removed, that
person is not a responsible party and cannot be ordered to take corrective action
under this statute.
For more information about the VPIC Program or questions regarding transfer or
development of petroleum-contaminated property call (651) 297-8573 or visit our website at
www.pca.state.mn.us/programs/vpic_p.html.
Other Services
The 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.
70
Hint:
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
Emergency & Pollution Prevention Planning
air quality
emergency and pollution prevention planning
Start
Take inventory of chemicals
stored or used at your business.
Does your facility store, transport
or handle oil or hazardous
substances?
NO
Spill bill does not apply.
NO
You are not subject to Section
302 Emergency Notification.
YES
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?
YES
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.
Are you storing any hazardous
chemicals which require
Material Safety Data Sheets in
quantities over 10,000 pounds
(approximately twenty one-55
gallon drums)?
NO
YES
...continued on next page
73
emergency and pollution prevention planning
NO
You are not subject to
Sections 311/312.
YES
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?
NO
YES
Do you have 10 or more full-time
equivalent employees?
NO
YES
Do you manufacture or process
25,000 pounds or otherwise
use 10,000 pounds of any
chemical on the 313 list?
You are not subject to Section 313Toxic Inventory Reports.
NO
YES
Do you meet the lower usage
thresholds for chemicals considered
to be persistant, bioaccumulative,
and toxic (PBT)?
NO
YES
Do you store over 2,500 pounds of
chlorine, 10,000 pounds of anhydrous
ammonia or propane?
You need to complete and file an
annual EPA Form R or EPA Form A
(if eligible).
YES
You are subject to 112(r) of the
Clean Air Act. See Step 7
74
NO
You are likely not to be subject to
112(r) of the Clean Air Act.
emergency and pollution prevention planning
Did you report any releases or
transfers on the EPA Form R?
NO
You are not required to develop a
Pollution Prevention Plan or file a
Progress Report.
YES
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 pollutionprevention options.
• A signed certification.
Complete and submit an annual
pollution prevention progress report.
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emergency and pollution prevention planning
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.
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emergency and pollution prevention planning
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/
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 applies
Section 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
coordinator
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emergency and pollution prevention planning
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.
Do
not wait until
The chemicals and raw materials you use, transport, or store determine who you need
to contact if there is a spill.
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,
must be notified.
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.
to figure out who
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:
Post
these spills
response phone numbers
in convenient locations:
78
• 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
emergency and pollution prevention planning
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).
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emergency and pollution prevention planning
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 Manufacturing
312xx
Beverage and Tobacco Product Manuf.
313xx Textile Mills
314xx Textile Product Mills
315xx Apparel Manufacturing
316xx Leather and Allied Product Manuf.
321xx
Wood Product Manufacturing
322xx Paper Manufacturing
323xx Printing and Related Support Activities
324xx Petroleum and Coal Products Manuf.
325xx Chemical Manufacturing
326xx Plastics and Rubber Products Manuf.
327xx Nonmetallic Mineral Product Manuf.
331xx Primary Metal Manufacturing
332xx Fabricated Metal Product Manuf.
333xx Machinery Manufacturing
334xx Computer and Electronic Product Manuf.
335xx Manuf.
Electrical Equip., Appliance, and Component
336xx Transportation Equipment Manufacturing
337xx Furniture and Related Product Manuf.
339xx Miscellaneous Manufacturing
For additional information on the NAICS Codes go to www.census.gov/naics.
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emergency and pollution prevention planning
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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emergency and pollution prevention planning
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?
The Minnesota
act
(MTPPA)
toxic pollution prevention
defines pollution prevention as
eliminating or reducing at the source the use,
generation or release of toxic pollutants,
hazardous substances and hazardous wastes.
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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emergency and pollution prevention planning
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.
Save
money, reduce
paperwork, get a
competitive edge,
improve community
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.
relations, protect
the environment.
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 requirements
Progress 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 ideas
Here are a few examples of pollution prevention techniques to achieve reductions in emissions
and bottom line benefits.
83
P ollution prevention planning
Monitoring instruments and equipment
Simple, 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 housekeeping
Good 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 vendors
Vendors 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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pollution prevention planning
Inventory control
Inventory 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.
Assistance
Contact 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.
85
87
Occupational Safety & Health
air quality
88
O ccupational safety and health
Employee Right-To-Know
Start
Inventory the hazardous
substances, harmful physical
agents and infectious agents in
the workplace.
Gather MSDSs and other written
information.
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?
NO
Complete written program and
implement it.
YES
Inform other employers of hazards
on the job site.
89
O ccupational safety and health
Hazardous Waste Operations
and Emergency Response
Start
Is the site an uncontrolled
hazardous waste site?
YES
You must comply with paragraphs
(b)-(o) of 1910.120.
YES
You must comply with paragraphs
(p) of 1910.120.
YES
You must comply with paragraph
(q) of 1910.120.
NO
Is the site a permitted treatment,
storage and disposal facility?
NO
Will employees be responding to
releases of hazardous materials?
NO
The facility does not fall
under 1910.120.
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O ccupational safety and health
Workplace Accident and
Injury Program
Start
Does the facility's NAICS code
appear on the AWAIR list?
NO
An AWAIR program is not required.
YES
Establish goals and objectives.
Determine the roles of management
and employees.
Determine the methods used to
identify and control hazards.
Communicate the AWAIR program
to the employees.
Develop accident investigation
procedures.
Enforce safety rules and practices.
Review program annually.
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O ccupational safety and health
Process Safety Management of
Highly Hazardous Chemicals
Start
Do you use a listed chemical in
amounts greater than or
at threshold quantity?
YES
Is the chemical on site for
retail sales only?
YES
NO
Does the process contain or
involve 10,000 pounds or more of
flammable gases or liquids?
NO
Is the chemical normally at an
unoccupied remote facility?
YES
NO
YES
Are the flammables used only as
fuel in uncovered processes?
YES
NO
Are the flammable liquids kept
below their normal boiling point
by chilling or refrigeration during
transfer or tank storage?
NO
YES
The process is not subject to PSM.
Are the flammables on site
for retail sale only?
YES
NO
Is the facility only involved in oil or
gas well drilling or servicing?
YES
NO
Are the flammables normally at an
unoccupied remote facility?
NO
...continued on next page
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YES
O ccupational safety and health
Process Safety Management of
Highly Hazardous Chemicals
(cont.)
Involve employees in PSM program.
Gather process safety information.
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.
Perform the process hazard
analysis (PHA).
Develop operating procedures.
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.
Train employees.
Audit entire PSM program
every 3 years.
Notify contractors of hazards and safe
work practices and assure that their
employees are trained.
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O ccupational safety and health
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) 470-6742
Duluth Area Office.............................................................................. (218) 733-7830
Mankato Area Office........................................................................... (507) 389-6507
E-mail.....................................................................OSHA.Compliance@state.mn.us
Workplace Safety Consultation (MNOSHA Consultation)
. ...................................................................(651) 284-5060 or toll-free (800) 657-3776
Web 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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O ccupational safety and health
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 nonionizing 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 facility
The 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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O ccupational safety and health
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 agents
Employers 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). Immediateuse 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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O ccupational safety and health
Step 4: Develop training and train employees
Employees 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 employer must also inform
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 hearingimpaired workers.
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.
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 facility
If 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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O ccupational safety and health
Step 6: Implement the program
A 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)
Have
-
everyone involved
this will help your
awair program succeed.
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 AWAIR
Check 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 program
The 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 implementing
the program
The 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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O ccupational safety and health
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 employees
Employees 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 action
Both 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 enforced
Safe 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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O ccupational safety and health
Process Safety Management (PSM) of Highly
Hazardous Chemicals (29 CFR 1910.119)
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, watertreatment plants, paper mills, and processes
using large quantities of flammable liquid.
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 PSM
To 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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O ccupational safety and health
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 efforts
The 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 information
Gather 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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O ccupational safety and health
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 procedures
The 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 employees
Employees 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 requirements
Your 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
You may be responsible under PSM
and testing procedures must be established and conducted on specific
for other people working on your
pieces of equipment on a covered process. Your business must
issue hot work permits whenever hot work operations (i.e.,
site - not just your employees.
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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O ccupational safety and health
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 sitespecific 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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O ccupational safety and health
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 involving
releases 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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O ccupational safety and health
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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O ccupational safety and health
Other requirements
There 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).
106
107
Agriculture
air quality
agriculture
Start
Do you apply fertilizer or pesticides?
NO
YES
Is the application a part of
your daily job?
YES
You do not need a license.
NO
NO
Is the application for a fee?
YES
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.
Complete continuing
education requirements.
109
agriculture
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.
110
agriculture
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 requirements
Each 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.
111
agriculture
Contacts
Information
Contact
Certification
Recertification
Testing Appointments
Recertification Workshop Schedule
Licensing
License Renewals
Minnesota Department of Agriculture
Information and Certification Unit
90 West Plato Boulevard
St. Paul, MN 55107
(651) 201-6121
General Pesticide Certification Information
Continuing Education for Recertification
Opportunities
Study manuals Department of Plant Pathology
Certification program for private applicators
(farmers and other producers)
Dean Herzfeld, Coordinator,
Pesticide Safety and Environmental
Education Program
112
University of Minnesota
Extension Service
495 Borlaug Hall
1991 Upper Buford Circle
St. Paul, MN 55108
(612) 624-3477
email: [email protected]
www.extension.umn.edu/pesticides
113
Financial Assistance
air quality
financial assistance
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
and Criteria:
•
•
•
Provides low-interest loans to small businesses
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.
115
financing assistance
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
Criteria:
•
•
•
•
•
•
•
•
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
and Criteria:
•
•
•
•
116
Goal is to help companies implement projects that reduce the
r isk 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.
Provides 80% of the total corrective action costs between
$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.
financial assistance
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
•
•
•
•
•
ligible applicants include owners or operators of petroleum
E
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 courtapproved 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.
117
financial assistance
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
and Criteria:
The USDA administers grants, loans and loan guarantees for
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
and Criteria:
•
The SBA administers a variety of loans and financial
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
and Criteria:
118
•
•
The DEED administers a variety of loans and financial
assistance programs for small businesses. Consult DEED directly for current program details
financial assistance
MAP?
Regional Financial Assistance - Iron Range
Program:
Assorted Financial Assistance
Administrator:
Iron Range Resources and Rehabilitation Board (IRRRB)
(218) 744-7400 or (800) 765-5043
www.irrrb.org/business
Web Site:
Description
and Criteria:
•
The IRRRB administers a variety of loans and financial
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
and Criteria:
•
The Northland Foundation administers loan
programs for businesses located within the region. Consult
with the Northland Foundation directly for current
program details.
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
and Criteria:
•
The Northwest Minnesota Foundation administers
loan programs for businesses located within its region.
Consult with the Northwest Minnesota Foundation for current
program details.
119
financial assistance
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
and Criteria:
•
The West Central Initiative administers loan
programs for businesses within its region. Consult with the
West Central Initiative directly for current program details.
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
and Criteria:
120
•
The Initiative Foundation administers
loans for businesses within its region. Consult with the Initiative Foundation directly for current program details.
financial assistance
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
and Criteria:
•
The Southern Minnesota Initiative Foundation administers
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
and Criteria:
•
The Southwest Initiative Foundation administers
loans for businesses within its region. Consult with the Southwest Minnesota Initiative directly for current program details.
121
123
Assistance Providers
air quality
A ssistance P roviders
This chapter includes information about agencies and programs sponsoring this guide and the
various kinds of assistance they provide to businesses.
Minnesota 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 number
Minnesota Pollution Control Agency
Small Business Environmental Assistance Program
520 Lafayette Road North
St. Paul, MN 55155
(651) 282-6143 or toll-free (800) 657-3938
www.pca.state.mn.us/programs/sbap_p.html
Minnesota Pollution Control Agency
Small Business Ombudsman
Environmental
Assistance Program
Office
The 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.
125
A ssistance P roviders
Address/telephone number
Minnesota Pollution Control Agency
Small Business Ombudsman Office
520 Lafayette Road North
St. Paul, MN 55155
(651) 297-8615 or toll-free (800) 985-4247
www.pca.state.mn.us/programs/sbomb_p.html
Minnesota Small Business
Assistance Office
The 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
126
A ssistance P roviders
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 numbers
Minnesota Small Business Assistance Office
1st National Bank Building
332 Minnesota Street, Suite E200
St. Paul, MN 55101
(651) 296-3871 or (800) 310-8323 (voicemail publications order line)
(651) 282-2103 (information and assistance)
www.mnsbao.com
127
A ssistance P roviders
Small Business Development Centers
The 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.
128
A ssistance P roviders
Addresses/telephone numbers
Minnesota Small Business Development Centers
State Administrative Office
1st National Bank Building
332 Minnesota Street, Suite E200
St. Paul, MN 55101
(651) 297-5770 or (800) 653-8333(information)
www.mnsbdc.com
Small Business Development Center Regional Offices and Counseling Centers
City
Albert Lee
Apple Valley
Bemidji
Brainerd
Cambridge
Coon Rapids
Duluth
Duluth
Ely
Grand Rapids
Hibbing
International Falls
Mankato
Marshall
Minneapolis
Moorhead
Northfield
Owatonna
Rochester
Rushford
St. Cloud
Thief River Falls
Winona
LocationTelephone
Albert Lee Business Development Center
Dakota County Technical College
Bemidji State University
Central Lakes College
Anoka-Ramsey Community College
Anoka-Ramsey Community College
Central Lakes College
University of Minnesota- Duluth
Vermilion Community College
Itasca Development Corporation
Hibbing Community College
Rainy River Community College
Region Nine Development Commission
Southwest State University
University of St. Thomas
Minnesota State University- Moorhead
Northfield Enterprise Center
Owatonna Incubator, Inc.
Rochester Comm & Tech College
Southeast Minnesota Devel. Corp.
St. Cloud State University
Northland Community & Techn. College
Minnesota State College Southeast Technical
507-373-3930
651-423-8600
218-755-4255
218-855-8142
763-433-1200
763-433-1200
218-726-7298
218720-4339
218-365-7295
218-327-2241
218-262-6703
218-285-2255
507-389-8895
507-537-7386
651-960-4500
218-477-2289
507-664-0933
507-451-0517
507-285-7536
507-864-7557
320-255-4842
218-681-0701
507-453-2740
129
A ssistance P roviders
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 Consultation
The 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 Consultation
This 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 Program
Minnesota statutes require any business with more that 25 employees to have a joint labormanagement 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) 731-7232
www.doli.state.mn.us/grants.html
This 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.html
This 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) 657-3776
www.doli.state.mn.us/logging.html
This 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) 657-3776
www.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) 657-3776
www.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 Program
This 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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Minnesota Emergency Planning and community
right-to-know Act Program
The 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 Program
444 Cedar Street, Suite 223
St. Paul, MN 55101
(651) 201-7417
www.epcra.state.mn.us
University of Minnesota—Minnesota
Technical Assistance Program (MnTAP)
The Minnesota Technical Assistance Program (MnTAP) provides Minnesota businesses with company-specific, cost-saving solutions for waste-reduction and pollution 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 finishing, painting, paper mills, printing, vehicle maintenance, and wood finishing.
MnTAP’s industry specialists know and understand the industry problems. They can answer questions 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?
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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 wastereduction 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 Network
The 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 Minnesota
200 Oak Street SE, Suite 250
Minneapolis, MN 555455-2008
(612) 624-1300; toll-free (800) 247-0015
fax (612) 624-3370
www.mntap.umn.edu
Minnesota Materials Exchange Program
see MnTAP above or www.mnexchange.org
pesticide safety education and environmental
education program (Psee)
University of Minnesota Extension Service
The 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, Coordinator
Pesticide Safety Education and Environmental Education Program
Department of Plant Pathology
495 Borlaug Hall
1991 Upper Buford Circle
St. Paul, MN 55108
(651)624-3477
e-mail: [email protected]
www.extension.umn.edu/pesticides
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Index
ha z ardous waste
I ndex
A
Aboveground Storage Tank (AST) 50, 55–58
Acute Waste 6, 12, 95
Agricultural Chemical Response and Reimbursement Account (ACRRA) 116
Asbestos 27, 28, 106
A Workplace Accident and Injury Reduction
(AWAIR) 98
B
Manifest 13, 14, 15, 16
Marking & Storing 10, 13, 15
Oxidizing Waste 7
Reactive Waste 7
Recordkeeping 15, 16
Toxicity Characteristic Waste 7
Transport & Disposal 12, 13
Hazardous Waste ID Number 4, 8, 9
Hazardous Waste Operations and Emergency
Response (HAZWOPER) 103
Ballasts 8
I
C
Industrial Stormwater 41, 42, 43, 44, 45
Injury and Illness Rate (IR) 98
Certificates of Completion 66
Chlorofluorocarbon (CFCs) 27
Common Plan of Development or Sale 45, 46
Community Right-To-Know 76, 79, 81, 82, 104,
134
Construction Stormwater 37, 45, 46
Contingency Plan and Safety Plan 65
Corrosive Waste 7, 12
D
Dust 20, 21, 84
E
Emission Factors 24
Environmental Assistance Grant and Loan Program
115
Extremely Hazardous Substances (EHS) 73, 77,
78
F
Feasibility Study 61, 64
Fluorescent Light Bulbs 8
G
General Liability Letter 70
H
Halogenated Solvent 6, 23
Hazardous Air Polllutants (HAPs) 19, 20, 21, 22,
25, 28, 29, 30, 31
Hazardous Waste
Corrosive Waste 7, 12
Emergency Planning 15
Exempt Waste 5
Ignitable Waste 7
Lethal Waste 7
Listed Waste 5, 6, 12
L
Lead 20, 25, 27, 39
Liability Assurances 65, 69
License
Hazardous Waste License 4, 9, 16
Pesticide Applicator License 110, 111
Limited No-Action Determination 66
Limited Site Investigation (LSI) 67, 68
Lost Workday Incidence Rate (LWDIR) 98
M
Material Safety Data Sheet (MSDS) 5, 7, 21, 76,
77, 89, 96, 97, 101
MNSTAR 133
Mobile Sources 21, 27
N
National Emission Standard for Hazardous Air Pollutants (NESHAPs) 19, 22, 23
National Pollution Discharge Elimination System
(NPDES) 6, 40, 43, 56
National Response Center 76, 78
New Source Performance Standard (NSPS) 19, 22,
23, 25, 26
No-Action Determination 66
No Association Determination 66
Noise 27, 95, 99, 106
O
Oxidizing Waste 7
P
Performance Test 24
Pesticide Applicator License 110, 111
Petroleum Brownfields Program (PBP) 63, 69
Petroleum Remediation Program (PRP) 62, 63, 67
139
I ndex
Petroleum Tank Release Cleanup Fund (Petrofund)
117
Polychlorinated Biphenyls (PCBs) 3, 8
Potential To Emit (PTE) 19, 22, 23, 24
Pretreatment Standards 35, 37, 38, 40
Progress Report 75, 81, 83, 134
R
Reactive Waste 7
Registration Permits 25, 26, 27
Remedial Investigation (RI) 61, 64, 67, 68
S
Safety Grant Program 116
Sanitary Sewer 35, 39
Septic Tank 39, 51
Small Business Environmental Improvement Loans
115
Spill Bill 73, 76, 77
State Duty Officer 63, 76, 78
Stormwater
Construction 35, 36, 37, 41, 42, 45, 46, 97
Industrial 41, 42, 43, 44, 45
No Exposure 41, 42, 43, 45
Stormwater Pollution Prevention Plan (SWPPP) 44,
45
Superfund Program 63
T
Toxic Inventory Reports 74
Toxicity Characteristic Waste 7
Toxic Pollution Prevention Act (TPPA) 82, 83
U
Underground Storage Tank (UST) 49, 51, 52, 53, 54,
58, 67
V
Vehicle Emissions 21
Volital Organic Compounds (VOCs) 20, 21, 22, 24,
25, 26, 27
Voluntary Investigation Cleanup (VIC) 63, 65, 66
W
Wastewater 6, 12, 33, 35, 36, 37, 39, 40, 41, 43, 51,
56, 78
Wellhead Protection Program 36, 37, 46
Workplace Accident and Injury Reduction (AWAIR)
91, 98
140
Minnesota Pollution Control Agency
Small Business Environmental Assistance Program
520 Lafayette Road North
St. Paul, MN 55155-4194
800-651-3938 | 651-282-6143
www.pca.state.mn.us/programs/sbap_p.html