REGULATIONS

REGULATIONS

Over the past three decades, two pieces of legislation addressing occupational safety and health and numerous pieces impacting the protection of the environment and natural resources have been enacted into law. These pieces of legislation have greatly changed the way we do business and plan for our future.

Historically, the enactment of environmental, health and safety laws has been left to the states. Prior to the 1960s only a few federal laws directed attention to these areas. Since that time, an increased awareness of our environment, focused attention on job-related injuries and illnesses, increased responsibilities of governmental agencies and skyrocketing liabilities have driven the forces of regulatory change.

Proponents for a more significant federal role in environmental health and safety issues based their arguments primarily on the following:

*States had failed to meet their obligation with regard to protection of the environment. Rivers were polluted and dying, acid rain was destroying historic buildings, species of animals and plants were disappearing, and people were ill and dying from contaminated housing areas, such as Love Canal.

*Most states legislated safety and health only in specific industries. Most had inadequate safety and health standards, inadequate enforcement procedures, inadequate staff with respect to quantity and quality and inadequate budgets.

*In the last part of 1960s, approximately 14,300 employees were killed annually and more than 2.2 million suffered a disabling injury as a result of work-related accidents.

*The nation’s work-injury rates and pollution levels were increasing throughout the 1960s and 1970s.

As a result of these trends, proponents of federal intervention felt that national legislation would help to reverse these statistics. Although many feel the resulting regulations are much too stringent in today’s environment, the trend for ever increasing regulation is continuing. Regulatory agencies, however, are becoming less of an enforcer and more of a partner in positive change.

Maine Maritime Academy is committed to pursuing compliance with applicable laws and regulations through the combined efforts of the department of Administrative Operations and Compliance and the Office of Safety and Security, all employees and students and the appropriate state and federal regulatory agencies. The Academy will make every reasonable attempt to identify, mitigate and monitor the environmental, safety and health concerns of its employees and programs.

Federal Regulatory and Response Agencies

DOL (U.S. Department of
Labor)

Comprised of the Occupational Safety and Health Administration (OSHA) and state programs approved by OSHA, and the Mine Safety and Health Administration (MSHA), the Department of Labor has responsibility for
all employees and working conditions except for federal employees and those covered by other governmental
statutes (DOE, DOD, DOT). In some cases, another
Federal agency is responsible for only certain aspects of
safety and health. The same workers are covered for the remaining aspects by OSHA.

DOT (U.S. Department of Transportation)

Operating principally under the Hazardous Material Transportation Act, the DOT exercises regulatory
authority to protect the public against risks associated
with the transportation of hazardous materials. The DOT regulates compliance with hazardous materials transport regulations and conduct training and education programs
to support the Department’s regulatory function and
training for shipper and container manufacturers
regarding inspection and compliance.

EPA (Environmental
Protection Agencies)

The EPA is responsible for air and water pollution,
hazardous waste disposal, noise, radiation, toxic
substances, and the licensing of pesticides, fungicides
and rodenticides. The agency is responsible for setting
standards and limits in the above areas and serves
as an important national information resource.

FEMA (Federal Emergency Management Agency)

FEMA is responsible for administering the funds under
Title III of SARA. Broader responsibilities include
assistance in all aspects of community planning,
preparedness and response to the full range of likely
disasters and emergencies, including recommendation
for Presidential-declared disaster area and administration
of disaster funds. FEMA also provides a range of
expertise and administrative skills in community
preparedness planning via state emergency offices.

Federal Regulatory and Response Agencies Continued . . .

NRC (Nuclear Regulatory
Commission)
Specifically, the NRC is charged with promoting safety in the use, handling, and transportation of radioactive material under the authority of the Atomic Energy Act of 1954. This includes certain work practices and the control of all potential exposures in the workplace.

OSHA (Occupational Health and Safety Administration) A major agency in the Department of Labor involved with setting and enforcing standards for health and safety in the workplace.
OSHA primarily does the following: * Makes their standards known to employers, workers and unions.
* Inspects workplaces to ensure that these standards are being met.
* Enforces standards by issuing citations and fines to employers who violate them.
* Train employers and employees in good work practices.

OSHRC (Occupational Safety and Health Review Commission) Developed under the Occupational Safety and Health Act of 1970, OSHRC is the legal body or compliance actions. Decisions of this organization establish the case law for OSHA compliance and provide elaboration of the existing standards.

USCG (United States Coast Guard) As a part of the Department of Transportation (DOT) the USCG regulates the transportation of hazardous materials on navigable waters within the US boundaries. The USCG maintains a Chemical Hazards Response Information System that provides information as safety data sheets for those who work with chemical spills.

State Regulatory or Response Agencies

MDEP (Maine Department of Environmental Protection It is the purpose of the DEP, per legislative policy, to provide effective controls for the management of bio-medical and hazardous wastes to ensure the protection of public health, safety and welfare and the environment. The DEP is also responsible for the management and regulatory oversight of EPA statutes dealing with the CAA, CWA, RCRA, TSCA, CERLA, FIFRA, SARA Title III, and all petroleum products.

State Regulatory or Response Agencies continued . . .

MDHS (Maine Department
of Human Services)
Along with responsibilities for food service and child
care, which are regulated at Maine Maritime Academy, the DHS is responsible for regulatory oversight and management of radioactive materials, as defined by the Nuclear Regulatory Commission. All agencies, institutions and industries that use, store or transport radioactive materials are subject to DHS compliance, inspection and management.

MDOL (Maine Department of Labor) Amongst other duties, the Maine DOL is responsible for the implementation, management and oversight of all OSHA and MSHA regulations within the state of Maine governmental agencies and related bodies. Maine is an "agreement state" that regulates state governments separate from industry and federal agencies.

MDOT (Maine Department of Transportation) The Maine DOT exercises regulatory authority to protect the residents of, and visitors to, the state of Maine against risks associated with the transportation of hazardous materials. The Maine DOT is responsible for the regulatory oversight of all federal DOT statutes.

MEMA (Maine Emergency Management Agency) Chartered by the Governor of the State of Maine, MEMA, in combination with the State Emergency Response Commission (SERC), serves as a liaison with the FEMA. It is also reviews facility emergency plans for Maine businesses, academic institutions and state agencies; manages and coordinates data; and provides outreach to LEPCs and facilities. MEMA also conducts administrative inspections, monitors compliance and levies fines with respect to the United States Emergency Planning and Community Right-to-Know Act of 1986.

SERC (State Emergency Response Commission) Designed by the Governor, this commission is responsible for establishing HazMat planning districts and appointing and overseeing Local Emergency Planning Committees.

SMF (Office of the State Fire Marshall) The Maine SFM is responsible for the enforcement of the NFPA 101 Life Safety codes and regulations within all agencies, institutions and industries in the state of Maine. The SFM’s office also presides over arson investigations and prosecutions, building occupancy permits, new building construction and local fire departments.

Local Regulatory or Response Agencies

LEPC (Local Emergency Planning Committee) A committee appointed by the State Emergency Response Commission (SERC), as required by Title III or SARA, to formulate a comprehensive emergency plan for its district. Our LEPC, based in Ellsworth, includes all of Hancock County.

HCEMA (Hancock County Emergency Management Agency) An organization designated by the Maine Emergency Management Agency (MEMA) to coordinate emergency activities for Hancock County and act as liaison between State and county emergency action plans. County office is located at the Court House in Ellsworth.

CFD (Castine Fire Department) CFD is a volunteer fire department with jurisdiction over Local Emergency Response on the Academy campus. The CFD responds to all fire alarms, actual fires, chemical spills and other emergency situations. From the time of their arrival on scene, CFD is "in command" and responsible for all activity at the emergency scene until their services are withdrawn, and command is released to the Academy. Interference with an emergency response site can result in removal by local law enforcement authorities. Also responsible for the enforcement of the NFPA Life Safety 101 codes on the Academy campus.

Federal Research Agencies

NIOSH (National Institute for Occupational Safety and Health)

The National Institute for Occupational Safety and Health is managed by the U.S. Public Health service and the U.S. Department of Health and Human Services. They are responsible testing and certifying respiratory protective devices and air sampling detector tubes. They also recommend occupational exposure limits for various substances and assist OSHA and the MSHA (Mine Safety and Health Administration) in occupational safety and health investigations and research.

Voluntary Standards Organizations

ACGIH (American Conference of Governmental Industrial Hygienists) An organization of professional personal in governmental agencies or educational institutions engaged in occupational safety and health program. The ACGIH establishes recommended occupational exposure limits for chemical substances and physical agents, and publishes the well-known list of threshold limit values (TLVs). Adopted worldwide, these units are enforceable limits.

ASTM (American Society for Testing and Materials) The American Society for Testing and Materials is the world’s largest source for voluntary consensus standards for materials, products, systems and services. ASTM is a resource for sampling and testing methods, health and safety aspects of materials, safe performance guidelines effects of physical and biological agents and chemicals.

ANSI (American National Standards Institute) This is the widest-ranging national standard-setting organization. It serves as a clearinghouse for nationally coordinated voluntary safety, engineering and industrial standards and identifies as national standards those standard developed by appropriate groups.

NEC (National Electrical Codes) This code governs the safe installations of electrical conductors and equipment within or on public and private buildings or other structures. Other structures include: mobile homes, recreational vehicles, floating buildings and other premises such as yards, carnivals, parking and other lots, and industrial substations. The code is intended to be suitable for mandatory application by governmental bodies (mainly OSHA) who exercise legal jurisdiction over electrical installations. Usually the authority of jurisdiction adopts these Codes to ensure the establishment and maintenance of effective electrical safety.

Voluntary Standards Organizations

NFPA (National Fire Protection Association) The National Fire Protection Association is an international membership organization that promotes and improves fire protection and prevention and establishes safeguards against loss of life and property by fire. The National Fire Code produced by this organization has been adopted by OSHA as a part of its enforceable standards. The code provides significant information about safe practices in dealing with flammables and explosives. It also provides information on fire protection, compiles annual statistics on causes and occurrences of fires, fire deaths and fire fighter casualties; runs a field service on technical issues and sponsors seminars.

Federal Regulations, Acts and Codes

BOCA (Building Officials and Code Administrators) National Building Code These regulations cover all matters that affect or relate to buildings and structures. The codes regulate all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures, existing and proposed. The code is used to insure public safety, health and welfare insofar as they are affected by building construction, through structural strength, adequate means of egress facilities, sanitary equipment, light and ventilation, and fire safety. In general, they are used to ensure safety to life and property from all hazards related to design, erection, repair, etc. The enforcement agency responsible for regulating the codes is the Department of Building Inspection. Usually the authority of jurisdiction adopts these codes to ensure the establishment and maintenance of effective building safety.

Federal Regulations, Acts and Codes

CAA (Clean Air Act) Passed by congress in 1970, the CAA was the driving force in the creation of the EPA. The EPA, in turn, was designed to consolidate all federal pollution control agencies into one organization. The purpose of this act is to regulate and control all sources of pollutants and contamination that may potentially affect the air we breathe. All releases of contaminants are carefully monitored and reported. Mitigation of these sources is required where established levels are exceeded, even for one day out of a year.

CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) Also known as the Superfund Act, this regulation deals with hazardous substance releases into the environment and the cleanup of inactive hazardous waste disposal sites. CERCLA establishes the authority to tax chemical and petroleum industries. The resulting revenue finances a 1.6 billion dollar response trust fund (the Superfund). It also provides broad Federal authority to respond directly to substances and pollutants or contaminants that may endanger public health or welfare or the environment. Under CERCLA, EPA is primarily responsible for implementing the Superfund and may take legal action to force those responsible for hazardous substance releases to clean them up or to reimburse EPA for costs or cleanup.

CWA (Clean Water Act) The focus of the CWA is on the prevention of spills of materials identified as hazardous substances into the navigable waters of the U.S. Initial regulations promulgated by DOT include approximately 300 specific chemicals identified by EPA as posing a threat to waterways then spilled. Many of these chemicals are also regulated in transportation because of hazards unrelated to their pollution potential.

FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act. This regulation governs EPA’s regulation of pesticides and requires the Agency to weigh the risks of pesticides against their economic and social benefits when making regulatory decisions. Under FIFRA, all pesticides intended for use in the United States must be registered (licensed) by EPA to ensure that they do not cause "unreasonable adverse effects on the environment."

Federal Regulations, Acts and Codes continued .

OSHA Standards Under the provisions of the Occupational Safety and Health Act of 1970, the national consensus standards in force in 1968 were adopted as the OSHA standards. These have been added to throughout the years and currently cover such subjects as worker health and safety in construction, manufacturing, academic and research environments. Topics such as safe egress, storage, materials handling, electrical safety, ergonomics, hearing conservation, machine guarding, and more are addressed through detailed guidance.

RCRA (Resource Conservation and Recovery Act) The Resource, Conservation and Recover Act (RCRA) was passed in 1976 and is a federal law. It is regulated by the EPA, and requires the tracking of hazardous wastes from the generator to the final treatment or disposal site. This is accomplished by controlling the generation, treatment, storage, transportation and disposal of hazardous wastes through a "cradle-to-grave" philosophy.
Generators, such as Maine Maritime Academy, must register with the EPA, receive an EPA identification number and include that number on hazardous waste shipping manifests. Under RCRA, all hazardous wastes generated by the Academy remain the liability of the Academy regardless of transportation, disposal or treatment options, for an undetermined length of time. All hazardous waste pickups, storage and transportation are managed by the Office of Administrative Operations and Compliance for this reason.
All hazardous waste generated by the Academy must be properly labeled with the DOT hazard classes and placed in DOT approved containers. They must then be transported by a licensed, EPA registered transporter and delivered to a licensed, EPA approved Treatment, Storage and Disposal Facility (TSDF). Within a specific time frame the TSDF must treat, incinerate or bury the waste in a secure landfill. All records, manifests, and certificates of disposal or destruction are maintained by the Office of Administration Operations and Compliance at the Academy and are kept in archived files for a minimum of three years.

Federal Regulations, Acts and Codes continued . . .

SARA Title III (Superfund Amendments and Reauthorization Act of 1986) Also known as the Emergency Planning and Community Right-To-Know Act (EPCRA), this regulation specifies requirements for organizing the planning process at the State and local levels. It specifies extremely hazardous substances; minimum plan content, requirements for fixed facility owners and operators to inform officials about extremely hazardous substances available to citizens; and includes a consolidated list of chemicals (known as the "List of Lists") which are subject to federal reporting requirements on an annual basis. Chemicals listed may be categorized as Extremely Hazardous Substances (EHS), CERCLA Hazardous Substances, Toxic Chemicals, RCRA Hazardous waste streams and unlisted hazardous wastes, radio-nuclides reportable under CERCLA, and other general chemical categories. Compliance to this regulation is accomplished through the submission of annual chemical inventories from each laboratory or chemical use area. Reports are then prepared for any and all chemicals that exceed the reportable quantity, as determined by the SARA Title III legislation.

TSCA (Toxic Substances Control Act) Written in 1976, this act gave the EPA administrative and enforcement powers over new and existing chemicals entering the environment by means of pre-manufacturing notification, screening, testing, manufacturing bans and penalties. TSCA requires that workers be informed annually of their right to report to the EPA any information that reasonably supports a conclusion that a chemical substance or mixture presents a substantial risk of injury to health or the environment.

State Regulations, Acts and Codes

Maine Chemical Identification Law Regulation promulgated by the State of Maine that combines the OSHA requirements for Hazards Communication (1910.1200) and Laboratory Standards (1910.1540) with the added component of annual training in hazardous materials communication. This regulation impacts all industrial, institutional or governmental chemical use and hazardous waste environments in the state of Maine, without exception.

The Maine Occupational Safety and Health Compact The Maine Occupational Health and Safety Compact was created by Gov. McKernan to assist participants in reducing the frequency and severity of occupational injuries and illnesses at their worksites. This is accomplished by developing and implementing a training, education and consultation program that offers participants the information and skills necessary to improve their workplace safety and health programs. It also facilitates communication among employers, workers and the government. This program is sponsored by the Maine Department of Labor, Bureau of Labor Standards and overseen by the Commission on Safety and Health in the Maine Workplace and the state advisory committee on occupational safety and health. Participation is voluntary among companies and educational institutions across the state of Maine.

Maine Right-to-Know Law of 1984 A comprehensive law intended to be consistent with OSHA’s hazard communication standard. This law applies to all employers in the state with hazardous chemicals in their workplaces and covers all chemicals defined as hazardous. Certain substances, such as consumer products intended for the use of the general public or prepackaged substances sold by retail stores for personal consumption and common substances found in small quantities, are excluded.

Federal Voluntary Standards

ANSI Standards These standards are enforced by OSHA and included definitions, terminology, symbols and abbreviations, performance criteria and methodology. ANSI efforts include standards related to construction, chemical manufacturing, and exposure limits for industrial chemicals. These standards represent the attainable levels of protection agreed upon by a broad cross section of industrial, academic, and health experts.

NFPA 101 Life Safety Codes The NFPA Life Safety Codes consist of sixteen volumes of codes, standards, recommended practices and manuals developed by NFPA technical committees. These codes address such issues as: hazards of materials encountered under fire or emergency conditions, use of the diamond-shaped placards with appropriate numbers and symbols, egress, fire-rated walls and doors, sprinkler system requirements and smoke detection systems. This set of codes is comprehensive in its scope and is maintained on a regular basis by the Department of Public Works.

MDHS (Maine Department of Human Services)	Along with responsibilities for food service and child care, which are regulated at Maine Maritime Academy, the DHS is responsible for regulatory oversight and management of radioactive materials, as defined by the Nuclear Regulatory Commission. All agencies, institutions and industries that use, store or transport radioactive materials are subject to DHS compliance, inspection and management.
MDOL (Maine Department of Labor)	Amongst other duties, the Maine DOL is responsible for the implementation, management and oversight of all OSHA and MSHA regulations within the state of Maine governmental agencies and related bodies. Maine is an "agreement state" that regulates state governments separate from industry and federal agencies.
MDOT (Maine Department of Transportation)	The Maine DOT exercises regulatory authority to protect the residents of, and visitors to, the state of Maine against risks associated with the transportation of hazardous materials. The Maine DOT is responsible for the regulatory oversight of all federal DOT statutes.
MEMA (Maine Emergency Management Agency)	Chartered by the Governor of the State of Maine, MEMA, in combination with the State Emergency Response Commission (SERC), serves as a liaison with the FEMA. It is also reviews facility emergency plans for Maine businesses, academic institutions and state agencies; manages and coordinates data; and provides outreach to LEPCs and facilities. MEMA also conducts administrative inspections, monitors compliance and levies fines with respect to the United States Emergency Planning and Community Right-to-Know Act of 1986.
SERC (State Emergency Response Commission)	Designed by the Governor, this commission is responsible for establishing HazMat planning districts and appointing and overseeing Local Emergency Planning Committees.
SMF (Office of the State Fire Marshall)	The Maine SFM is responsible for the enforcement of the NFPA 101 Life Safety codes and regulations within all agencies, institutions and industries in the state of Maine. The SFM’s office also presides over arson investigations and prosecutions, building occupancy permits, new building construction and local fire departments.

LEPC (Local Emergency Planning Committee)	A committee appointed by the State Emergency Response Commission (SERC), as required by Title III or SARA, to formulate a comprehensive emergency plan for its district. Our LEPC, based in Ellsworth, includes all of Hancock County.
HCEMA (Hancock County Emergency Management Agency)	An organization designated by the Maine Emergency Management Agency (MEMA) to coordinate emergency activities for Hancock County and act as liaison between State and county emergency action plans. County office is located at the Court House in Ellsworth.
CFD (Castine Fire Department)	CFD is a volunteer fire department with jurisdiction over Local Emergency Response on the Academy campus. The CFD responds to all fire alarms, actual fires, chemical spills and other emergency situations. From the time of their arrival on scene, CFD is "in command" and responsible for all activity at the emergency scene until their services are withdrawn, and command is released to the Academy. Interference with an emergency response site can result in removal by local law enforcement authorities. Also responsible for the enforcement of the NFPA Life Safety 101 codes on the Academy campus.

ACGIH (American Conference of Governmental Industrial Hygienists)	An organization of professional personal in governmental agencies or educational institutions engaged in occupational safety and health program. The ACGIH establishes recommended occupational exposure limits for chemical substances and physical agents, and publishes the well-known list of threshold limit values (TLVs). Adopted worldwide, these units are enforceable limits.
ASTM (American Society for Testing and Materials)	The American Society for Testing and Materials is the world’s largest source for voluntary consensus standards for materials, products, systems and services. ASTM is a resource for sampling and testing methods, health and safety aspects of materials, safe performance guidelines effects of physical and biological agents and chemicals.
ANSI (American National Standards Institute)	This is the widest-ranging national standard-setting organization. It serves as a clearinghouse for nationally coordinated voluntary safety, engineering and industrial standards and identifies as national standards those standard developed by appropriate groups.
NEC (National Electrical Codes)	This code governs the safe installations of electrical conductors and equipment within or on public and private buildings or other structures. Other structures include: mobile homes, recreational vehicles, floating buildings and other premises such as yards, carnivals, parking and other lots, and industrial substations. The code is intended to be suitable for mandatory application by governmental bodies (mainly OSHA) who exercise legal jurisdiction over electrical installations. Usually the authority of jurisdiction adopts these Codes to ensure the establishment and maintenance of effective electrical safety.

CAA (Clean Air Act)	Passed by congress in 1970, the CAA was the driving force in the creation of the EPA. The EPA, in turn, was designed to consolidate all federal pollution control agencies into one organization. The purpose of this act is to regulate and control all sources of pollutants and contamination that may potentially affect the air we breathe. All releases of contaminants are carefully monitored and reported. Mitigation of these sources is required where established levels are exceeded, even for one day out of a year.
CERCLA (Comprehensive Environmental Response, Compensation and Liability Act)	Also known as the Superfund Act, this regulation deals with hazardous substance releases into the environment and the cleanup of inactive hazardous waste disposal sites. CERCLA establishes the authority to tax chemical and petroleum industries. The resulting revenue finances a 1.6 billion dollar response trust fund (the Superfund). It also provides broad Federal authority to respond directly to substances and pollutants or contaminants that may endanger public health or welfare or the environment. Under CERCLA, EPA is primarily responsible for implementing the Superfund and may take legal action to force those responsible for hazardous substance releases to clean them up or to reimburse EPA for costs or cleanup.
CWA (Clean Water Act)	The focus of the CWA is on the prevention of spills of materials identified as hazardous substances into the navigable waters of the U.S. Initial regulations promulgated by DOT include approximately 300 specific chemicals identified by EPA as posing a threat to waterways then spilled. Many of these chemicals are also regulated in transportation because of hazards unrelated to their pollution potential.
FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act.	This regulation governs EPA’s regulation of pesticides and requires the Agency to weigh the risks of pesticides against their economic and social benefits when making regulatory decisions. Under FIFRA, all pesticides intended for use in the United States must be registered (licensed) by EPA to ensure that they do not cause "unreasonable adverse effects on the environment."

Maine Chemical Identification Law	Regulation promulgated by the State of Maine that combines the OSHA requirements for Hazards Communication (1910.1200) and Laboratory Standards (1910.1540) with the added component of annual training in hazardous materials communication. This regulation impacts all industrial, institutional or governmental chemical use and hazardous waste environments in the state of Maine, without exception.
The Maine Occupational Safety and Health Compact	The Maine Occupational Health and Safety Compact was created by Gov. McKernan to assist participants in reducing the frequency and severity of occupational injuries and illnesses at their worksites. This is accomplished by developing and implementing a training, education and consultation program that offers participants the information and skills necessary to improve their workplace safety and health programs. It also facilitates communication among employers, workers and the government. This program is sponsored by the Maine Department of Labor, Bureau of Labor Standards and overseen by the Commission on Safety and Health in the Maine Workplace and the state advisory committee on occupational safety and health. Participation is voluntary among companies and educational institutions across the state of Maine.
Maine Right-to-Know Law of 1984	A comprehensive law intended to be consistent with OSHA’s hazard communication standard. This law applies to all employers in the state with hazardous chemicals in their workplaces and covers all chemicals defined as hazardous. Certain substances, such as consumer products intended for the use of the general public or prepackaged substances sold by retail stores for personal consumption and common substances found in small quantities, are excluded.