Permitting & Regulatory ComplianceStormwater Permitting
Hazardous & Regulated Materials Management
TSCA PCB Compliance
Spill Prevention, Control and Countermeasure (SPCC) Plans
Stormwater PermittingThe Clean Water Act authorizes EPA and States to regulate point sources that discharge pollutants into waters of the United States through the National Pollutant Discharge Elimination System (NPDES) permit program. The NPDES Stormwater Program, in place since 1990, regulates discharges from municipal separate storm sewer systems (MS4s), construction activities, industrial activities, and those designated by the EPA/State due to water quality impacts.
MARLEY provides NPDES stormwater compliance support to industrial, commercial and institutional clients, as well as Contractors and Construction Managers tasked with managing stormwater and dewatering wastewaters during construction activities. Our scope of services include:
- Preparation of stormwater permit applications (new and renewal);
- Preparation of Stormwater Pollution Prevention Plans (SWPPP) for industrial and commercial activities, and Stormwater Pollution Control Plans (SWPCP) for construction activities;
- Compliance monitoring (i.e., inspections and sampling) and reporting; and
- Regulatory agency coordination and permit support on behalf of our client.
Hazardous & Regulated Materials ManagementMARLEY provides RCRA, TSCA and state-regulated materials management services related to the identification, handling and disposal of hazardous and regulated materials generated during construction and remedial action activities, facility closures, and demolition projects. These materials include:
- RCRA & TSCA regulated waste
- Non-RCRA waste liquids & solids (e.g., latex and solvent paints, cleaners and solvents, grinding dusts, tumbling sludges, antifreeze and glycol solutions, scrap plastic and rubber flash, ground or chipped solids)
- Non-RCRA waste oils (e.g., crude oil, fuel oil, lubricating oil, kerosene, diesel fuel, motor oil, non-halogenated oil, and oils recovered from OWS, spills and tank bottoms)
- Non-RCRA water soluble oils (e.g., cutting oil emulsions and coolants)
- Underground and Aboveground Storage Tanks (UST/AST)
- Low-level radioactive sources and wastes
- Chlorofluorocarbons (CFCs)
- Lead-based paint (LBP)
- Universal Waste (e.g., used electronics, batteries, pesticides, Hg-containing equipment, bulbs/lamps, etc.)
- PCB/DEHP fluorescent light ballasts
In addition to preparing effective abatement and remedial action plans, MARLEY also provides oversight and monitoring of removal and disposal activities under applicable RCRA, TSCA, and state regulatory requirements. We can also serve as the client’s agent in managing manifests and bills-of-lading for hazardous, regulated, or special waste leaving the site.
TSCA PCB ComplianceMarketed as a wonder chemical when first introduced in the late 1950s, polychlorinated biphenyls (PCBs) were widely used for their stable, fire-resistant and non-corrosive properties. Commonly used in construction projects from 1955 to 1975, the concern over the potential toxicity and persistence of PCBs led Congress to ban domestic production of the compound in 1979.
Everything from electrical transformers, capacitors and light fixtures to building caulk, paint and adhesives contain PCBs. These materials tend to break down with age and release PCBs into the environment. Although PCBs have a low vapor pressure they can off-gas from deteriorating building components and settle inside and around structures, leach into soil and adjacent building components, and are easily transported through air handling systems.
Once MARLEY determines PCBs are present and at what concentration(s), the results are used to delineate areas of concern, develop overall management programs, remediation scopes of work (and budgets), and waste minimization plans. We will also prepare and negotiate plan approval with the EPA, identify qualified contractors, oversee PCB abatement and remedial action activities, conduct confirmation sampling to validate project completion, and monitor waste management and record keeping.
Spill Prevention, Control and Countermeasure (SPCC) PlansTo prevent oil from reaching navigable waters or adjoining shorelines, and to contain discharges of oil, EPA’s SPCC Rule requires certain facilities to prepare, amend, and implement an SPCC Plan that details the equipment, workforce, procedures, and steps the facility will take to prevent, control and contain a discharge.
Per the SPCC Rule’s definition, oil means “oil of any kind or in any form, including, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil.”
The Rule requires SPCC Plans to be prepared for all facilities where oil is stored in volumes exceeding certain thresholds. If a facility stores oil in excess of 1,320 gallons in aboveground storage tanks (AST), an SPCC Plan is required. If a facility stores oil in excess of 42,000 gallons in underground storage tanks (UST), an SPCC Plan is required. Should a change in equipment, facility infrastructure, or regulated substance inventory occur, MARLEY will update and recertify your plan in compliance with the Rule.
In addition to preparing and certifying your facility’s SPCC Plan, MARLEY can also provide site-specific personnel training on spill prevention, material handling, and emergency spill response actions. We can also prepare requisite Facility Response Plans, Oil Discharge Contingency Plans, spill response and remediation noifications, as well as perform P.E. evaluation and certification of secondary containment systems and SPCC compliance assessments.
Following a 40 ton release of methyl-isocyanate (MIC) at Union Carbide’s Bhopal, India plant that killed upwards of 5,000 people and injured 50,000 more, and a second release of MIC (500 gallons) a year later at Union Carbide’s pesticide plant in Institute, West Virginia, Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA) in 1986.
Both the Bhopal and Institute, WV incidents underscore the reality of modern-day chemical production — no matter what safety precautions are taken, no matter how well trained a plant’s employees may be, and no matter how prepared plant personnel might be to handle an emergency situation, accidents still occur.
The purpose of EPCRA is two-fold: (1) to encourage and support emergency planning that improves the likelihood of a timely and successful response to a chemical accident, and (2) to provide local governments and the general public with information about potential chemical hazards in their communities. EPCRA does not place limits on which chemicals can be stored, used, released, disposed, or transferred at a business. It only requires that the business document, notify and report chemical hazard information to the Local Emergency Planning Committee and State Emergency Response Commission. MARLEY can assist you with your facility’s documentation, notification and reporting obligations.
EPCRA’s Community Right-to-Know Reporting obligation requires certain businesses to annually disclose to state and local authorities the quantities and types of toxic chemicals stored at their facility. MARLEY can assist your facility with the preparation and transmittal of your annual Tier II Emergency and Hazardous Chemical Inventory Form.
EPCRA’s Toxic Chemical Release Inventory Reporting obligation tracks the management of over 650 toxic chemicals that may pose a threat to human health and the environment. Facilities in certain industry sectors must report annually how much of each chemical they have released or emitted to the environment, and how much they managed through source reduction, recycling, energy recovery, and treatment. The information submitted is compiled in USEPA’s Toxic Release Inventory. MARLEY can assist your facility with the preparation and transmittal of your TRI form (Form R).