Printing Industry

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Appendix A/Federal Printing Regulations

Overview

This section is a short summary of Federal Regulations Potentially Affecting the Commercial Printing Industry, Office of Pollution Prevention and Toxics, Design for the Environment Program (EPA774B-94-001). This document includes only the appropriate federal regulations. Even when federal regulations apply, there may be additional requirements based on state laws. In some instances, there may be state or local legislation without corresponding federal regulations.

Clean Air Act (CAA)

Under the requirements of the Clean Air Act, the Environmental Protection Agency has the responsibility of identifying air pollutants that are potentially hazardous to the public health, safety and welfare; establishing the National Air Quality Standards for setting the permissible levels of these pollutants; and, working in cooperation with state and local governments to enforce the terms of the act.

Title I Provisions for Attainment & Maintenance of National Ambient Air Quality Standards

This section of the CAA establishes levels of air quality that are applied throughout the regions of the United States. It also designates "nonattainment" areas where additional air control measures will be required. The National Ambient Air Quality Standards were established for the following six pollutants:

In the printing industry, the standards of concern will be ozone, NO_x and particulate matter. While printers are not commonly producers of ozone, they are major sources for emissions of volatile organic compounds (VOCs) which are considered the precursors of ozone. Therefore, in printing facilities, the monitoring data for ozone are instead measured for VOCs. It is necessary for all printing shops to determine whether their facility is located in an ozone non-attainment area. The classification of ozone areas is based on the fourth highest parts per million (ppm) reading taken over any 24-hour period for that region. Sources within these regions are then classified as to whether they are major. A major source is defined based on the both the size of the facility-wide emissions and the category of the nonattainment area. Additionally, if any firm has the potential to emit (PTE) more than 100 tons per year of ozone, it is considered a major source, where potential to emit is the maximum capacity of a stationary source at design capacity. Individual states will set their own guidelines for reducing the ambient ozone concentrations.

Title II Provisions Relating to Mobile Sources

Not specifically related to the commercial printing industry.

Title III Hazardous Air Pollutants

Section 112 of Title III lists the air pollutants which are considered to have a significant or widespread effect on the wildlife, aquatic life, or other natural resources, including impacts on populations of endangered or threatened species or degradation of environmental quality over a large area. The USEPA will provide a guide to the maximum achievable control standards for any source emitting at least one of the chemicals listed in section 112.

If a source is able to reduce emissions of hazardous air pollutants by 90 percent or particulate emissions by 95 percent prior to the state's issuance of maximum attainable control standards, the source will receive a six year extension in the compliance date. The only requirement being the demonstration of emissions reduction prior to the proposed standard effective date. It is up to the operator to contact the state EPA to obtain guidance on the specifications of said demonstration.

Title IV Acid Deposition Control

Does not directly relate to the commercial printing industry.

Title V Permits

This section of the CAA requires states to have a federally enforceable air pollution permit system and that the permitting program be paid for by emission fees from permit holders. The permit must address all current regulatory requirements, as well as any anticipated requirements during the permit length. Maximum permit term is five years. The permit must fully detail all emission sources, establish emission limits, and specify a method to demonstrate compliance. In other words, the operator is required to tell the state which regulations apply at their facility and then demonstrate compliance with record keeping and monitoring.

The emissions regulated under Title V are the potential to emit rather than the actual emissions. The potential to emit is calculated as the emissions from a source as if it were operated at full design capacity year round. A permit is required if the potential is a) at or above 10 tons per year of any single hazardous air pollutant, b) twenty-five tons per year of any combination of hazardous air pollutants, or c) 100 tons per year of any other regulated air pollutant. Should a facility be located with an ozone nonattainment area, permits are required for lower emission levels.

A Title V permit is required to be submitted to the state EPA within one calendar year of the approval of the state's Title V program by the USEPA. It will be necessary to contact individual states to determine the timeframe necessary for each facility. Once a permit has been submitted, operations may continue until the permit is issued. The issued permit will include all air requirements for the facility, compliance schedules, emission monitoring programs, emergency provisions, self-reporting responsibilities, and emission limits. Permit conditions will be applicable to the source category rather than on the individual facility.

Title VI Stratospheric Ozone Protection

This section of the CAA sets up the procedure for the phase-out of the production and usage of chlorofluorocarbons (CFCs) and other stratospheric ozone depleting chemicals. The chemicals are divided into two categories, Class I and Class II chemicals, which are interim substitutes for Class I chemicals. Section 604 of Title VI calls for the complete phase-out of Class I chemicals by January 1, 2000 (with the exception of methyl chloroform for January 1, 2002). The Class I chemicals commonly used in the printing industry are Carbon tetrachloride and Methyl chloroform. The complete phase-out of the Class II substances is currently scheduled for January 1, 2030. However, the USEPA is proposing the phase-out begin in 2002. Production of carbon tetrachloride, hydrobromofluorcarbons, and methyl chloroform ceased on January 1, 1996.

Clean Water Act (CWA)

The primary goal of the CWA is to protect, restore, and maintain the chemical, physical and biological integrity of the waters of the United States. One interim goal of the act is to return the nation's water to conditions deemed "fishable and swimmable". All discharges into the waters of the United States, publicly owned treatment works, storm water discharges, and storm sewers are covered under this act. Direct discharge to any surface water requires a National Pollutant Discharge Elimination System (NPDES) permit.

Discharge to a publicly owned treatment work (POTW) does not require a NPDES permit, but will require an industrial user permit which is issued by the local water treatment operator. At this time, no categorical pretreatment standards exist for the commercial printing industry. All printing facilities are required to meet the general pretreatment standards for discharge of process wastewater. The general pretreatment requirements prohibit the following: 1) pollutants that create a fire hazard in the POTW; 2) pollutants that will cause corrosive damage to the POTW; 3) pollutants (solid or viscous) in amounts that will obstruct flow in the POTW; 4) any pollutant released at a flow rate or concentration that interferes with the POTW operations (this includes oxygen demanding pollutants); 5) effluents at a temperature that will inhibit biological activity in the POTW; 6) petroleum oils, non-biodegradable cutting fluid, or mineral oil products which will pass through the POTW or interfere with performance of chemicals in the POTW; 7) pollutants that result in toxic fumes within the POTW; and 8) any trucked or hauled pollutants. Facilities are also required to notify the POTW within 24-hours if any violation of the pretreatment requirements occur. Often state or local governments have additional reporting requirements which should be addressed prior to discharge.

Often, an NPDES permit is required even if no wastewater is produced onsite. If any storm water comes into contact with industrial activity or construction activity a permit will be necessary. This contact includes any handling equipment or activities, raw materials, intermediate products, final products, or industrial machinery exposed to storm water that drains to a storm sewer system or directly to receiving waters. Note that a storm water permit is not required for municipal systems which have combined wastewater and storm water systems, but the POTW should be informed that industrial storm water will be entering the sewers.

Occupational Health and Safety Act

Under OSHA, employers regardless of size are required to meet several standards which will maintain a safe and healthful workplace. The "general duty clause" of OSHA states that "employee employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm" must be provided to the employee. Section 1910.1200 of OSHA is the hazard communication standard and requires employers to inventory, classify, and label all chemical substances onsite that are considered to be "hazardous" to health or have physical properties which are hazardous. All employers must have a written program available to employees which includes inspection, inventory, labeling, availability of material safety data sheets, employee training, agency reporting, and recordkeeping systems. Employers of less than ten people may be exempt from the recordkeeping systems only. Several states have their own OSHA regulations, it will therefore be necessary for facilities to contact their state agency to find their requirements.

Resource Conservation and Recovery Act (RCRA)

The Resource Conservation and Recovery Act designated the difference between hazardous waste and nonhazardous waste. RCRA also includes a system for regulating underground storage tanks containing petroleum or other hazardous substance.

Subtitle A of RCRA defined solid waste as "any garbage, refuse, or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural activities." It went on to define disposal as "the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including groundwater."

Subtitle C established what is commonly known as the Cradle-to-Grave tracking of hazardous waste. It defined hazardous waste as a waste or any combination of wastes which due to its quantity, concentration, or chemical, physical, or infectious characteristics, may (1) cause or contribute to any increase in the mortality or increase the serious irreversible or incapacitating reversible, illness; or (2) pose a present or future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or managed. The EPA set the standards for a waste to be classified as hazardous due to its ignitability, corrosivity, reactivity, or toxic characteristics. In addition, RCRA document 40 CFR Part 261 lists wastes which are considered hazardous without testing. It is required that the waste generator determine if the waste is hazardous and what classifications apply. Wastes are classified as being either type F (non-specific wastes that occur in several industries), type K (specific waste sources), or types P and U which are wastes that are intended to be discarded and are acutely hazardous or hazardous, respectively. In 1980, the EPA adopted rules stating that any mixture of hazardous and nonhazardous waste is to be considered hazardous ("mixture rule"). Wastes that are acquired through the use of listed hazardous wastes are considered hazardous despite any changes which affect their properties ("derived from rule").

Listed Wastes Common in the Printing Industry

F001 Spent halogenated solvents used in degreasing operations, including tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1 trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons. Also any mixture that includes a total of ten percent or more by volume of any of the above solvents.

F002 Spent halogenated solvents including tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1 trichloroethane, chlorobenzene, 1,1,2 trichloro-1,2,2, trifluoroethane, orthodichlorobenzene, trichlorofluoromethane, and 1,1,2 trichloroethane. This also includes any mixture containing more than ten percent of any of the above solvents.

F003 Spent non-halogenated solvents including xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol. Also any mixture or blend that before use contained ten percent or more of the above solvents.

F005 Spent non-halogenated solvents including toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2 ethoxyethanol, and 2 nitropropane. This also includes any mixture that before use contained ten percent or more of any of the above solvents.

Chemicals under Investigation for Listing Used in the Printing Industry

Solvents III - Proposal April 1994, Final June 1995: Cumene, phenol, isophorone, acetonitrile, furfural, epichlorohydrin, methyl chloride, ethylene dibromide, benzyl chloride, p-dichlorobenzene

Solvents II - Proposal September 1997, Final September 1998: 2-methoxyethanol, 2 methoxyethanol acetate, 2 ethoxyethanol acetate, cyclohexanol

Solvent Study - Report September 1996: Diethylamine, aniline, ethylene oxide, allyl chloride, 1,4 dioxane, 1,1, dichloroethylene bromoform

Any RCRA regulated wastes are then to be disposed of based upon the status of the waste generator. Generators are divided into three categories: large, small and conditionally exempt. A large quantity generator is a facility that generates at least 1000 kg (approximately 2200 lbs.) of hazardous waste per month or greater than 1 kg (2.2 lbs.) of acutely hazardous waste per month. A small quantity generator is a facility that generates greater than 100 kg (220 lbs.) but less than 1000 kg (220 lbs.) per month of hazardous waste, or up to but not exceeding 1 kg (2.2 lbs.) per month of acutely hazardous waste. Conditionally exempt generators are facilities that generate no more than 100 kg (220 lbs.) per month of hazardous wastes and up to but not exceeding 1 kg (2.2 lbs.) per month of acutely hazardous waste. The main difference in the status is in the length of time wastes may be stored on-site. Small quantity generators may accumulate up to 6000 kg (13,200 lbs.) of hazardous waste on-site for up to 180 days or for up to 270 days if the waste must be transported over 200 miles. Large quantity generators must ship wastes off within 90 days.

All generators, regardless of status, are required to meet certain rules regarding the storage of wastes. All wastes must be stored in a separate area labeled for hazardous waste in sealed containers that are also labeled in accordance with EPA and Department of Transportation requirements. A generator may accumulate as much as 55 gallons of hazardous waste at the point of generation prior to removal to the hazardous waste storage area (satellite storage). If any wastes are disposed of on-site, for any reason including operator error, the site will be reclassified as a treatment, storage and disposal facility and require the necessary permit.

Also included under Section C of RCRA is the concept commonly known as the "Cradle to Grave" rule. Under this rule, the generator is required to obtain an EPA identification number in order to allow the agency to monitor and track all hazardous waste produced. Prior to shipping, a Uniform Hazardous Waste Manifest must be obtained from the state environmental agency. The manifest will have enough copies to provide one each to the state environmental agency, the generator, transporter, and operator of the treatment, storage and disposal (TSD) facility. An additional copy is signed by the TSD facility and returned to the generator and the state environmental agency to verify receipt and handling of the materials. This copy must be maintained, along with the original copy for a minimum of three years, but it is recommended that they be retained forever.

In the future, the printing industry may be faced with additional RCRA requirements as a decision is upcoming as to the status of industrial wipes and shop towels. At this time, a wiper is only considered a hazardous waste if it contains or is mixed with a listed waste. It is essential that printers contact the state EPA to verify if there are variations in this definition.

Superfund (Comprehensive Environmental Response, Compensation, and Liability Act) and Superfund Amendments and Reauthorization Act (SARA)

Under the original Superfund, the EPA was authorized to undertake any measures necessary to address any hazard to human health and the environment triggered by burning, leaking, or explosion of hazardous substances, contamination of food chains, or drinking water contamination. Relevant to the printing industry is the requirement to report all releases of all CERCLA (Superfund) hazardous substances to the National Emergency Response Center within 24 hours. The need for reporting is based on the chemical specific reportable quantity (RQ) number assigned by the EPA.

The reauthorization of the Superfund act by SARA is significant to printers because of Title III, known as the Emergency Planning and Community Right-to-Know Act (EPCRA). This created the emergency planning guidelines and included the right of local governments and the public to obtain information on hazards posed by potential toxic substance releases for the facility. The levels for reporting the presence of hazardous chemicals are the presence of 10,000 lbs. of hazardous chemicals, and 500 lbs. of the threshold planning quantity of extremely hazardous chemicals. In addition, any facility that is required by OSHA's Hazard Communication Standard (29 CFR 1910.1200) to have Material Safety Data Sheets (MSDSs) for chemicals onsite, must also provide copies of said MSDSs to the State emergency response commission, the local emergency planning commission, and the local fire department. Facilities must also provide to these three organizations an annual report called a "Tier I" indicating the amount of chemicals above the threshold quantities onsite. If any agency that receives a Tier I report requests additional information, a Tier II report containing a summary of all chemicals in any quantity must be supplied within 30 days. The level of the threshold quantities can be more stringently determined by the individual states and is available from the local environmental agency.

*Revised threshold planning quantity based on new or re-evaluated toxicity data

Any printing facility employing more than 10 persons that uses or manufactures more than 10,000 or 25,000 pounds per year of a listed chemical must also file a toxic chemical release inventory (TRI). The difference in the quantity for reporting is dependant on the use of said chemical and should be obtained from the state environmental agency.

*Copper phthalocyanine pigments were delisted in May 1991

Toxic Substances Control Act (TSCA)

Under TSCA, the EPA is given the authority to limit or prohibit the manufacture, processing, distribution or disposal of a chemical substance which they have determined poses a risk to human health or the environment. EPA will also gather information on all risks associated with toxicity to all new and existing chemicals. Of importance to the printing industry are sections 4, 5, 6, and 8.

Section 4 is the authorization for the EPA to require testing of chemical substances or mixtures they determine could be a risk to human health or the environment. Section 5 grants the EPA the right to test all new chemical substances to determine their toxicity and subsequent risk 90 days before manufacturing, processing or importing said chemical. Section 6 is the official notification that the EPA may regulate the manufacture, processing, distribution in commerce, and the use and disposal of any chemical substance determined to be toxic. Section 8 is the requirement for all users and manufacturers to keep records and submit reports to the EPA. Printers using processed film developers or replenishers should contact the local environmental agency to determine reporting requirements. Printers who import inks are also subject to all TSCA reporting requirements.