March/April 1992
ISRI is poised to complete its "Environmental Operating Guidelines," a document designed to lead industry members through a maze of environmental regulations while promoting and demonstrating responsible recycling.
BY ROBIN K. WIENER
Robin K. Wiener is director of environmental compliance for the Institute of Scrap Recycling Industries (Washington, D.C.).
As environmental issues are thrust to the forefront of public concerns, there's an increasing need for scrap recyclers to understand their compliance obligations and for regulators and legislators to appreciate the industry's commitment to responsible recycling.
With these needs in mind, the Institute of Scrap Recycling Industries (ISRI) (Washington, D.C.) is finalizing a document known as "Environmental Operating Guidelines," which are designed to meet both requirements by outling site-management practices aimed at minimizing potential environmental impacts posed by scrap processing and recycling operations.
In July 1989, the association's board of directors voted " ... that ReMA should develop a positive, environmentally sound, operating concept to be presented to the Environmental Protection Agency (EPA) and/or Congress to serve as a foundation upon which realistic, industry-wide environmental regulations might be developed." An ad hoc committee was appointed to compile a list of practices that should be followed by ReMA members to safeguard the environment and comply with existing federal environmental regulations while ensuring that recycling operations remain economically viable.
ReMA's board approved drafts of each chapter of the guidelines as they were completed. Comments on the draft manual were then solicited from members and an open hearing was held in February. The board will review the completed document—including any necessary changes proposed during the comment period—at its March meeting inSan Francisco . Once approved, the guidelines will be distributed to all member firms.
Toward Rational Regulation
A major goal of the document is to promote development of sound recycling-specific regulations within the framework of the Resource Conservation and Recovery Act (RCRA), which currently neglects to distinguish between recycling operations and solid waste disposal facilities. The association seeks creation of a separate section of the law to govern recycling independently of waste-management operations.
Regulation under a separate section would not mean the absence of regulation; instead it would mean regulation uniquely fitted to recyclables. Scrap recyclers should also be aware that implementation of environmental controls either on a voluntary basis through ReMA's operating guidelines or through regulation may require substantial capital commitments.
ISRI also hopes its guidelines will provide a reference point that can be used at the state and local levels to address environmental issues in a logical and consistent manner. The document will be used to demonstrate to officials at all levels of government that the industry is committed to "clean" recycling and is able to regulate itself.
A Look at the Book
The guidelines are designed to suggest environmentally sound operating procedures for businesses that physically handle recyclables. The document generally applies to all scrap commodities handled by the industry, including ferrous and nonferrous metals, paper, glass, and plastics. It is designed to help recyclers satisfy existing federal environmental regulations—as well as to encourage them to minimize environmental problems at their facilities in general.
The manual is written as an easy-reference tool for scrap processors, describing the potential environmental impacts of incoming scrap and the practices that should be undertaken to control releases to air, water, and soil. Alternatives are provided when appropriate.
An introductory chapter describes the scrap recycling industry as a valuable component of the economic and environmental fabric of the United States , noting that scrap recyclers have provided vital services to consumers, manufacturers, and the government for more than a century. ReMA notes in the document, however, that it recognizes that the benefits of recycling can be optimized through the safe and environmentally sound operation of the industry's facilities.
The Federal Framework in Brief
The manual's second chapter provides an overview of federal environmental statutes and regulations that affect the scrap recycling industry and summarizes the pollution problems that led to federal environmental legislation. Pathways for contamination of air, soil, and water are discussed.
The chapter offers brief descriptions of the following key federal statutes, noting how and when they are likely to apply to the scrap processing and recycling industry.
Clean Air Act. States play a key role in identifying local concentrations of certain air pollutants identified by the EPA and in developing State Implementation Plans that limit emissions of these pollutants from major sources in order to meet air-quality standards also set by the EPA. The guide describes these roles, as well as the 1990 amendments to the Clean Air Act, which accelerated the EPA's efforts to control 189 "hazardous air pollutants," especially those released by industries with Standard Industrial Codes 20 through 39. (Most scrap processors fall under code 50.) The amendments also addressed chlorofluorocarbons (CFCs) used in refrigeration systems, prohibiting releases, but requiring all CFCs to be removed from any scrapped equipment before delivery for recycling.
Clean Water Act. The purposes of this act, the guide explains, include establishing effluent limits for all "point sources" of discharge into U.S. waters, setting water-quality standards, and regulating dredge and fill activities. The law also requires certain facilities storing petroleum products near navigable waters to develop spill-control plans.
The manual notes that the 1987 amendments to the Clean Water Act resulted in rules requiring all industrial facilities, including scrap processing operations, to apply for permits related to storm water runoff.
CERCLA. The guide's description of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)—which is often called "Superfund"—includes an explanation of Superfund liability and the role of "potentially responsible parties (PRPs)." It also summarizes the Emergency Planning and Community Right-to-Know Act, TitleIII of the Superfund Amendment and Reauthorization Act, noting that "typical" scrap processors are not affected by the act's emergency planning sections but may have obligations under the reporting requirements of the law, which involve having available material safety data sheets (MSDSs) and providing annual reports on hazardous chemicals present at facilities. The document also explains when processors operating certain kinds of auxiliary operations, such as sweat furnaces, may also be required by CERCLA to annually report releases of certain chemicals.
RCRA. A discussion of RCRA in the guide summarizes the subtitles of the law, which regulate hazardous waste (Subtitle C), solid waste (Subtitle D), petroleum products stored in underground tanks (Subtitle I), and medical wastes (Subtitle J), explaining definitions that apply to scrap processors—most scrap is considered "solid waste" and is therefore regulated under Subtitle D—and describing permit and reporting requirements.
Finally, the chapter briefly summarizes other federal environmental statutes: the Safe Drinking Water Act; the Toxic Substances Control Act, which includes a ban and phase-out rules on asbestos use and regulates the manufacture, use, and disposal of polychlorinated biphenyls (PCBs); the Pollution Prevention Act of 1990; the Hazardous Material Transportation Act; and the Atomic Energy Act.
Identifying Threats
In chapter 3, the guidelines help processors identify and evaluate potential sources of contamination to air, soil, and water that are related to scrap processing operations under four broad categories. Discussion of a particular contaminant does not indicate that the release of such a contaminant into the environment is a violation of an existing federal regulation nor does it indicate that scrap generally contains those contaminants. Instead, this section of the manual provides a starting point for recylers to develop their own potential contaminant list, based on their specific operations.
Processing Equipment. The guide lists contaminants that may be released during equipment operation, including air contamination from engine, combustion, and fugitive emissions (such as dust); soil pollution from leaking oils, lubricants, fuels, and PCBs; and water contamination from direct leaks into groundwater or runoff carrying contaminants to surface water.
Inbound Recyclables. Potential environmental hazards to air in incoming scrap listed in the document include "friable" asbestos, CFCs, dust, and radiation. PCBs draining from scrapped oil-filled electrical equipment and petroleum products, chemical residues, and solvents on scrap are among the possible sources of soil and water contamination listed.
Physical Plant. The guidelines suggest possible sources of contamination from scrap processing facilities besides those related to processing equipment, such as air emissions from chemicals used in maintenance operations, acids and petroleum products that may leak from vehicles or equipment during maintenance, PCBs from active transformers, and leaking underground storage tanks.
Residue Generation. The guidelines encourage facility operators to identify all waste their operations produce and determine whether they are hazardous or nonhazardous. Items found in scrap processing operations that are considered solid waste under RCRA may include equipment-cleaning residues, solvents, recycling residues, waste materials contaminated with oils, and other items.
The chapter also describes possible pathways for wastes to contaminate air, soil, and water, including particles moved by wind, "nuisance smoke" from burning of wastes, and fragments of metal generated during processing, which can leach into soil over time.
Management Tools
Having covered legal responsibilities and potential environmental problems, the guide then lists suggested management practices (chapter 4) and control technologies (chapter 5) that can be applied to prevent environmental contamination.
The guide suggests that firms write and display a statement demonstrating a commitment to operate an environmentally sound workplace and then establish procedures to make sure the policy is carried out. Procedures might include designating an individual responsible for implementing the policy, assigning staff to monitor changes in environmental regulations, holding meetings to review operating practices, posting notices and reminders, conducting internal reviews of the facility and its operations to identify problem areas, and establishing a schedule of environmental inspections.
Under the topic of "control of inbound recyclables," the guide suggests methods for minimizing potential environmental problems before they affect a facility. Source control, the document points out, is a scrap recycler's most effective method of identifying materials that, if imporperly managed, could present a threat to human health and the environment.
The guidelines offer sample letters to suppliers, inspection procedures, and employee-training tips and suggests requesting MSDSs with scrap deliveries, posting warnings about unacceptable items, and other procedures to control introduction of potential environmental problems. It also describes recommended procedures for having suppliers certify that specific hazards are not present in scrap.
In addition, the chapter outlines good operating procedures, including environmental record-keeping and spill- and leak-prevention efforts. It lists good-housekeeping practices such as careful labeling, posting of "no dumping" signs, and sweeping and maintaining plant roads. The document also emphasizes site security to control input of unwanted materials and interference of unauthorized individuals, which can result in environmental problems.
Physical Tools
The guidelines summarize control methods that can be used to prevent environmental contamination and provides a checklist of items to consider in selecting control methods, such as permitting and engineering requirements and possible insurance and tax consequencies of choosing some methods.
Methods described to control contamination to air range from simple use of natural and artificial barriers to operational changes involving torch cutting, open burning, and dust control to use of sophisticated air-pollution control equipment.
Soil and water pollution control tools described include barriers placed on or underneath the ground, capping of native soils with compacted soils/clays, paving, construction of enclosures, liquid-collection systems, underground tank leak-prevention and detection systems, and drainage systems.
The chapter also summarizes waste-disposal options, describing land disposal and various ways to manage solid waste and wastewater.
The "Environmental Operating Guidelines" are supplemented by appendices that contain lists of regulated substances, possible exposures from equipment components, and inbound recyclables. Also included are the texts of selected regulations, a glossary of environmental regulatory terms, suggested additional resources (including federal and state agency contacts, hotline numbers, a bibliography of documents for additional help, and other references), and selected ReMA materials referenced in the manual.
Implementing the Guidelines
To assist members in implementing the operating guidelines, the association's ad hoc environmental regulatory committee is developing an implementation program, which will likely include a series of seminars and on-site guidance.
The seminars, which are set to be offered in conjunction with ReMA chapter meetings, will provide an overview of the guidelines to all interested members, with particular emphasis on the "how" and "why" of compliance. The seminars will cover the purposes of the document and background on its development; summarize federal environmental laws; include a discussion of source control and other management practices for minimizing environmental problems; offer a look at the potential problems posed by inbound scrap; and provide an overview of control methodologies.
ISRI also plans to offer optional on-site assistance to recyclers that seek in-depth training on implementation of the guidelines. Through such a program, members will have access to site-specific guidance from an attorney and/or consultant visiting their facility.
Further details on the seminars and on-site assistance will be distributed to ReMA members along with the guidelines, once approved.
Building On
ISRI intends the operating guidelines to remain a fresh, practical source of information for scrap recyclers, so additions and modifications will be made to the document as the industry and federal regulations change. Operators of scrap facilities should use the document to learn about the potential environmental impacts related to scrap recycling and the solutions available. Not all the information presented in the document will be useful to everyone. Nevertheless, the guidelines should provide a foundation from which any company can build its own environmental compliance strategy.
The manual should also provide a foundation on which legislators and regulators can base realistic rules governing the industry. According to Herschel Cutler, ReMA's executive director, "The guidelines are fundamental in our efforts at both the legislative and regulatory levels. They provide legislative and regulatory personnel a realistic picture of the scrap recycling industry and demonstrate the extent of the commitment this industry is making toward responsible and environmentally safe operating procedures and practices." •
ISRI is poised to complete its "Environmental Operating Guidelines," a document designed to lead industry members through a maze of environmental regulations while promoting and demonstrating responsible recycling.