PROTOCOL 6: Hazardous Materials This section addresses the proper storage and handling of chemicals and the training, reporting, spill contingency, and response requirements related to hazardous materials. The following federal regulations apply to this protocol: Emergency Planning Community Right to Know Act (EPCRA; 40 CFR 350-399) Occupational Safety and Health Act (OSHA; 29 CFR 1910) Hazardous Materials Transportation Act (HTMA; 49 CFR 105-180) Yes No NA EPCRA Section 301 – Emergency Planning Citation Does the site have any extremely hazardous substances equal to or greater than the threshold planning quantity (TPQ)? A List of Lists showing the TPQs is provided on the USEPA website: 40 CFR 355 If yes, have you notified State Emergency Response Commission (SERC) and local emergency planning committees (LEPCs)? 40 CFR 355 If yes, does the site have a designated representative who will work with local emergency personnel? 40 CFR 355 Are Safety Data Sheets (SDSs) for every hazardous chemical stored and used on-site available upon request? 40 CFR 355 Have copies of SDSs been submitted to your SERC, LEPC, or local fire department? 40 CFR 355 Yes No NA EPCRA Section 304 – Emergency Notification Citation Have there been releases of hazardous materials in amounts greater than the reportable quantity (RQ)? A List of Lists showing the RQs is provided on the USEPA website: 40 CFR 355 If yes, were the appropriate SERC and LEPC notified? 40 CFR 355
Yes No NA Universal Waste Citation Does the site store universal waste on-site? 40 CFR 273 Does the site store more than 5,000 kg or 11,000 lbs of universal waste at any one time? If yes, has the site notified the USEPA and followed other requirements for a large-quantity generator? If no, the site shall comply with small-quantity generator requirements. 40 CFR 273 Does the site dispose, treat, or dilute universal waste on-site? 40 CFR 273 Are all site personnel who manage universal waste informed/training on proper handling and emergency procedures? 40 CFR 273 Is universal waste disposed of within 1 year of generation? 40 CFR 273 Yes No NA Universal Waste – Batteries Citation Are waste batteries managed in a way that prevents leaks, spillage, or damage that could cause leakage? 40 CFR 273 If waste batteries show visible leaks, are they placed in a container to contain leaks? 40 CFR 273 If waste batteries are containerized, is the container labeled with the words “Universal Waste Batteries”? 40 CFR 273 Yes No NA Universal Waste – Fluorescent Light Bulbs Citation Are waste fluorescent bulbs stored in a container that is structurally sound, closed, compatible with material, and that lacks evidence of leakage, spillage, or damage? 40 CFR 273 Are containers labeled with the words “Universal Waste Lamps, Waste Lamps, or Used Lamps”? 40 CFR 273
Does the site qualify as a Tier I facility? Tier I requirements are as follows: Aggregate aboveground oil storage capacity is 10,000 gallons or less; AND The capacity of each individual aboveground oil storage container is 5,000 gallons or less; AND The facility has NOT had a single discharge exceeding 1,000 gallons, OR two discharges each exceeding 42 gallons within any 12-month period. 40 CFR 112 If site does not meet Tier I requirements, is the SPCC Plan certified by a licensed Professional Engineer? 40 CFR 112 Does the SPCC Plan accurately reflect quantities and location of oil storage containers at the site? 40 CFR 112 Has the SPCC Plan been reviewed and evaluated at least once every 5 years? 40 CFR 112 Following plan review, was the SPCC Plan amended? 40 CFR 112 Do oil storage containers have appropriate secondary containment? If yes, is secondary containment in good condition? 40 CFR 112 Does the site maintain inventory of spill sorbent materials? 40 CFR 112 Are required inspections conducted, documented, and kept with the SPCC Plan for 3 years? 40 CFR 112 Are oil-handling personnel at the site trained annually on discharge prevention and on the contents of the SPCC Plan? 40 CFR 112 Does the site have a designated person who is accountable for discharge prevention and reports to management? 40 CFR 112 Are best management practices for oil storage, handling, and transfer being followed? 40 CFR 112 Have there been any oil discharges in the past year? If so, were the proper notifications made and documented? 40 CFR 112
INDIANA ENVIRONMENTAL COMPLIANCE AUDIT PROTOCOL SUMMARY Protocol Compliance Topic Findings Recommendation 1 National Environmental Policy Act (NEPA) Process (State Environmental Review Process) No additional state requirements 2 Historical and Cultural Resources 3 Natural Resource Management 4 Air Emissions 5 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (State Remediation Programs) 6 Hazardous Materials No additional state requirements 7 Hazardous and Universal Wastes 8 Aboveground Storage Tanks 9 Oil Spill Prevention and Preparedness No additional state requirements 10 Water Discharges 11 Drinking Water 12 Toxic Substances 13 Pesticides 14 Solid Waste No additional state requirements 15 Energy Conservation and Sustainability Programs No additional state requirements
PROTOCOL 11: Drinking Water Yes No NA Public Water Systems Citation If the site meets requirements of a Public Water System (transient, non-community, and community), does it have an IDEM-approved Site Sampling Plan? 327 IAC 8 On April 1, 2016, the Revised Total Coliform Rule (RTCR) went into effect. If the site is required to sample for total coliform, are sample results in compliance with the RTCR? 327 IAC 8 PROTOCOL 12: Toxic Substances Yes No NA Lead-Based Paint Citation The Indiana State Department of Health (ISDH) implements state and federal regulations concerning lead-based paint. Are ISDH-certified contractors utilized for lead abatement activities? 410 IAC 32 Are lead abatement notification procedures followed and documented? 410 IAC 32 Yes No NA Asbestos Citation The IDEM Asbestos Program requires that all facilities scheduled for renovation or demolition be inspected by an Indiana licensed asbestos inspector prior to the start any activities for the presence of asbestos. Prior to asbestos abatement activities, are notification procedures followed and documented using State Form 44593? 326 IAC 14-10 PROTOCOL 13: Pesticides Pesticide Use and Application The Office of Indiana State Chemist (OISC) regulates the distribution and application of pesticides in the State of Indiana. If pesticides are applied at the site by a commercial or private contractor, are they using an OISC-licensed applicator? 355 IAC 4-0.5-1 Article 4
NEW YORK ENVIRONMENTAL COMPLIANCE AUDIT PROTOCOL SUMMARY Compliance Topic Findings Recommendation 1 National Environmental Policy Act (NEPA) Process (State Environmental Review Process) No additional state requirements 2 Historical and Cultural Resources 3 Natural Resource Management 4 Air Emissions 5 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (State Remediation Programs) 6 Hazardous Materials No additional state requirements 7 Hazardous and Universal Wastes 8 Aboveground Storage Tanks 9 Oil Spill Prevention and Preparedness No additional state requirements 10 Water Discharges 11 Drinking Water No additional state requirements 12 Toxic Substances 13 Pesticides 14 Solid Waste No additional state requirements 15 Energy Conservation and Sustainability Programs No additional state requirements
PROTOCOL 1: NEPA Process (State Environmental Review Process) – NA PROTOCOL 2: Historic and Cultural Resources Yes No NA Historic and Cultural Resource Assessment Citation Are you aware of any historic or cultural resources located on-site that are listed on the New York Register of Historic Places? The New York Register of Historic Places can be viewed on the Cultural Resource Information System: https://cris.parks.ny.gov/Login.aspx?ReturnUrl=%2f 9 New York Codes, Rules and Regulations (NYCRR) 426.1 If yes, do you have a plan for preservation and protection of the historic or cultural resource? 9 NYCRR 426.1 PROTOCOL 3: Natural Resource Management Yes No NA Endangered Species Citation Is the site located in a habitat area for endangered species, threatened species, or species of special concern listed by the state of New York? The list of endangered species, threatened species, or species of special concern can be viewed at: http://www.dec.ny.gov/animals/7494.html 6 NYCRR 182.5 If yes, and the site plans to take an action that may impact an endangered species, threatened species, or species of special concern, has the site obtained an incidental take permit? 6 NYCRR 182.8 Yes No NA Wetlands Citation Are there wetland areas with an area of 12.4 acres or larger, or wetland areas that are of unusual local significance at the site? A wetland of unusual local significance is defined as a Class I wetland in 6 NYCRR 664.5: 6 NYCRR 664.7 If yes, and the site plans to take an action that may impact the wetland area, has the site obtained a state permit or letter of permission from the New York State Department of Environmental Conservation (NYSDEC)? 6 NYCRR 663.4
NEVADA ENVIRONMENTAL COMPLIANCE AUDIT PROTOCOL SUMMARY Protocol Compliance Topic Findings Recommendation 1 National Environmental Policy Act (NEPA) Process (State Environmental Review Process) No additional state requirements 2 Historical and Cultural Resources State requirements not applicable 3 Natural Resource Management State requirements not applicable 4 Air Emissions 5 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (State Remediation Programs) 6 Hazardous Materials No additional state requirements 7 Hazardous and Universal Wastes 8 Aboveground Storage Tanks No additional state requirements 9 Oil Spill Prevention and Preparedness No additional state requirements 10 Water Discharges 11 Drinking Water No additional state requirements 12 Toxic Substances No additional state requirements 13 Pesticides 14 Solid Waste No additional state requirements 15 Energy Conservation and Sustainability Programs No additional state requirements
Employee refresher training is required at least once every 3 years. Was the latest training completed within the past 3 years? NAC 459 PROTOCOL 5: CERCLA (State Remediation Programs) Yes No NA Remediation Guide Citation Are there any areas of the site that are contaminated, potentially contaminated, or perceived to be contaminated by hazardous substances or petroleum products? NAC 445A If yes, were site assessment or investigation activities completed based on the Bureau of Corrective Actions (BCA), a division of the NDEP, cleanup requirements (Nevada Brownfields Program, Superfund Program, or Voluntary Cleanup Program, etc.)? NAC 445A If yes, does the site have documentation issued by NDEP determining “No Further Action” or “Certificate of Completion” for the site. NAC 459 PROTOCOL 6: Hazardous Materials – NA PROTOCOL 7: Hazardous and Universal Wastes Yes No NA Permitting and Reporting Citation If the site is a large quantity generator (LQG), was a U.S. Environmental Protection Agency (USEPA) Form 8700-12 “Notification of Regulated Waste Activity” application submitted to the NDEP to obtain a USEPA Identification Number? NAC 459 If yes, is the site submitting their Biennial Hazardous Waste Report electronically using Easitrak software? NAC 459 PROTOCOL 8: Aboveground Storage Tanks – NA PROTOCOL 9: Oil Spill Prevention and Preparedness – NA
OHIO ENVIRONMENTAL COMPLIANCE AUDIT PROTOCOL SUMMARY Protocol Compliance Topic Findings Recommendation 1 National Environmental Policy Act (NEPA) Process (State Environmental Review Process) No additional state requirements 2 Historical and Cultural Resources State requirements not applicable 3 Natural Resource Management State requirements not applicable 4 Air Emissions State requirements not applicable 5 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (State Remediation Programs) State requirements not applicable 6 Hazardous Materials No additional state requirements 7 Hazardous and Universal Wastes 8 Aboveground Storage Tanks 9 Oil Spill Prevention and Preparedness No additional state requirements 10 Water Discharges State requirements not applicable 11 Drinking Water No additional state requirements 12 Toxic Substances State requirements not applicable 13 Pesticides State requirements not applicable 14 Solid Waste No additional state requirements