The Environmental Protection Agency (EPA) researches, develops, and enforces regulations that protect people and the environment. The lack of knowledge of EPA’s construction regulations won’t relieve you of the liabilities, where penalties can cost over $60,000 in addition to potential lawsuits and delayed projects.
While federal regulations provide the foundation, state laws may also have more specific requirements. This article provides an overview to help you understand your responsibilities and the permits you may need.
Construction Environmental Regulations
Whether building or demolishing structures, the construction industry contributes heavily to waste generation. In 2018, about 600 million tons of debris were generated in the U.S., including steel, wood, bricks, clay tiles, and asphalt shingles. EPA enforces multiple construction waste regulations to reduce environmental impact.
Resource Conservation and Recovery Act (RCRA)
RCRA provides the framework for managing hazardous and nonhazardous waste. While the EPA has oversight, state and local governments handle monitoring. This law explains which materials are classified as hazardous waste and how to treat, store, and dispose of them. Materials most relevant to the construction industry include:
- Used oil: Because some construction equipment uses oil, you must know what to do if it gets contaminated. If contaminated, oil becomes hazardous waste and must comply with storage, transportation, burning, processing, and rerefining requirements.
- Universal wastes: Universal wastes include pesticides, batteries, lamp bulbs, and mercury-containing equipment, like light switches. These materials have storage, transportation, marking, and processing requirements that prevent the release of harmful materials into the environment.
- Mixed wastes: The EPA and the Atomic Energy Act regulate mixed wastes, which are materials with radioactive and hazardous components. Waste generators and facilities with low-level mixed waste (LLMW) may have storage and treatment exemptions.
- Land disposal: Disposal facilities permanently contain wastes to avoid releasing harmful environmental pollutants. Under the RCRA, you can’t dispose of untreated hazardous wastes and must follow treatment standards before disposal .
- Solid waste: Solid wastes are considered hazardous if they meet the specified characteristics in Title 40 of the Code of Federal Regulations (CFR). These wastes include wood-preserving waste and other toxic, ignitable, corrosive, and reactive materials.
Clean Water Act (CWA)
CWA prohibits discharge into water unless you acquire a National Pollutant Discharge Elimination System (NPDES) permit. Even with a permit, you’ll have limitations on what you can discharge. You must also follow monitoring and reporting requirements and other relevant provisions.
The following discharges require the NPDES permit:
- Industrial activity discharges
- Storm sewer system discharges
- Discharges that significantly contribute to water pollution in the U.S.
Additionally, the CWA establishes the following programs:
- National and local pretreatment standards: These standards require you to pretreat wastewater that will be discharged to publicly-owned treatment works (POTW).
- Sewage Sludge Use and Disposal program: This program created the permit system for using and disposing sewage sludge through surface disposal, land application, incineration, or municipal solid waste landfill.
- Dredge or Fill Discharge Permit program: This program established the permit system for placing dredge or fill material into wetlands and U.S. waters. You can get a permit from the Army Corps of Engineers.
- Water quality management: This policy contains water quality planning, management, and implementation requirements.
Clean Air Act (CAA)
CAA is the federal law that regulates air emissions, authorizing the EPA to create the National Ambient Air Quality Standards (NAAQS). Construction projects release a high volume of air pollutants, especially during the earthwork and foundation stages , making adherence to the policy essential.
If you’re importing vehicles and engines, including generators and heavy machinery, they need an EPA-issued certificate of conformity to ensure they meet emission requirements.
Asbestos-Related Regulations
Asbestos was widely used in construction as insulation and a fire retardant due to its fiber strength and heat resistance. However, damaging the material releases particles that can lead to health risks, like lung disease. Today, the EPA prohibits manufacturing and distributing asbestos-containing commercial products to avoid health risks.
If you’re demolishing or renovating a structure with asbestos-containing materials, you should follow the National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements. Note that you cannot reinstall any insulating materials containing asbestos.
Lead Laws
Lead has been found in paint, dust, soil, air, water, and waste, hence the need to address this contamination. People who renovate, repair, and paint buildings built before 1978 should be trained and certified with lead-safe work practices. Contractors should also provide lead safety information before they begin the work.
People engaged in lead abatements and risk assessments in these places should be trained and certified, and buyers or renters should be informed about the lead hazards.
You can treat lead paint in homes as household waste, which is regular garbage disposed of as municipal waste. However, lead paint in commercial or industrial buildings may be considered hazardous waste and could require additional testing and disposal.
Environmental Permits to Apply For
To meet the EPA’s construction requirements, you must acquire the relevant permits. These permits come with monitoring and reporting requirements. Reach out to the nearest EPA regional office to apply.
The permits you need depend on your construction project and may come from the EPA or an authorized state agency. Consider the following:
- NPDES permit: The NPDES permit is required for construction projects involving one or more acres of land. It limits what can be discharged into bodies of water.
- CWA Section 404 permit: You need a Section 404 permit if you plan to discharge dredged or fill material into wetlands and other bodies of water.
- RCRA permit: If you treat, store, or dispose of hazardous waste, you must apply for an RCRA permit. This permit details which waste management activities you can perform and the appropriate conditions for performing them.
- CAA Title V operating permit: You need this permit if your project is a stationary pollution source, like an industrial or commercial facility. You may get emission limitations and stringent monitoring and reporting requirements.
- New Source Review permit: This permit is for constructing new stationary air pollution sources, like industrial facilities, or modifying them, resulting in increased emissions.
- Outer Continental Shelf Air permit: This permit is mostly for oil and gas projects and establishes offshore emission source requirements.
- Marine Protection, Research and Sanctuaries Act (MPRSA) permit: You need an MPRSA permit if you work with dredged materials. This permit is issued by USACE and is subject to EPA review.
- Polychlorinated biphenyl (PCB) cleanup and disposal: You need EPA approval if you plan to perform PCB cleanup, disposal, and storage activities.
Best Management Practices (BMPs)
EPA lists best management practices to protect water bodies from uncontrolled stormwater runoff. Construction waste can pollute stormwater, so practices like trash disposal, spill prevention, recycling, and other cleanup measures are necessary. The appropriate waste management system depends on the kinds of waste you’re handling. Here are some examples of the best practices:
General Solid Waste
When dealing with solid waste:
- Keep containers in covered areas or cover them with lids
- Keep the waste collection area away from stormwater flow
- Clean spills immediately
- Schedule waste collection regularly
- Collect and dispose of waste only at authorized disposal areas
Hazardous Waste
To properly dispose of hazardous waste:
- Keep the original product label on the container
- Follow any instructions on the packaging
- Never mix excess products upon disposal
- Identify if landfills can take contaminated soil
- Contact authorities like a licensed waste management firm when necessary
Petroleum Products
When handling construction equipment fuel:
- Store new and used petroleum products in covered areas
- Contain and clean up spills right away
Why Trust Calabrese Law Associates
Calabrese Law Associates is a law firm with comprehensive knowledge of the construction industry. Since our inception, our skilled attorneys have resolved client issues and protected their business interests to facilitate a successful project. We work closely with property owners, general contractors, and subcontractors in the Greater Boston Area.
Our attorneys understand the complexities of EPA requirements, especially construction environmental compliance, and can help businesses navigate them. With our easily accessible attorneys , we work for the best results for our clients’ situations.
Complete Construction Projects Efficiently With Calabrese Law Associates
Failing to comply with construction waste regulations can have serious repercussions. If you’re starting a new project and aren’t sure how to navigate your situation, Calabrese Law Associates can help you. We can identify the applicable laws and permits and teach you the processes required for your project, helping you avoid wasting time on information that may not matter to your circumstances. If you’re ready to get started, contact our office today .
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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