THE SECOND EBOOK IN A THREE-PART SERIES EXPLAINING

THE REGULATIONS TRIGGERED WHEN yOUR ORGANIzATION

ACqUIRES AND USES CHEmICALS. LEARN ABOUT DOzENS Of

ENvIRONmENTAL, HEALTH AND SAfETy (EH&S) PROvISIONS INTENDED

TO ENSURE THAT THOSE CHEmICALS ARE mANAGED SAfELy.

By jON ELLIOTT BSE, mPP, jD

COMPLYING WITH ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS FOR ACTIVITIES INVOLVING

HAZARDOUS CHEMICALS 02

EHS Hazardous Chemical Checklists / eBook Volume 22

When your organization acquires and uses chemicals, it triggers dozens of environmental, health and safety (EH&S) provisions intended to ensure that those chemicals are managed safely. Since there is no unified chemical-handling law, the first and only place these compliance requirements come together is at regulated organizations – and in your hands, if you have EH&S compliance responsibilities.

Exactly which provisions apply to your activities depend on which chemicals, how much, and how you use them. This eBook is the second of three, which together identify the range of EH&S requirements covering chemical acquisition, chemical use, and post-use management of chemical wastes. They provide an organized approach to evaluating which EH&S requirements apply to your operations, and briefly summarize the types of compliance requirements your organization is likely to face. They provide convenient Self-Assessment Checklists with each section, and outline a calendar for scheduling compliance activities.

This is the second volume in a three-volume ebook series, providing basic information and self-assessment checklists to help readers consider the dozens of environmental, health and safety (EH&S) provisions when your organization acquires and uses chemicals.

Together, these three volumes present the following information:

• volume I:

- Introductory summary of US federal laws and regulatory agencies

- Right to Know: Worker Protection and Right to Know provisions, and Emergency Planning and Community Right to Know provisions

• volume II: Onsite Storage and management

- fire and Building Codes

- Hazardous materials Transportation

- facility Security Requirements

- Underground Storage Tank System Requirements

• volume III: Waste and Emission management, and Calendar

- Hazardous Waste management

- Air quality Protection

- Water quality Protection

jon f. Elliott, BSE, mPP, jD California 2014

introduction

EHS Hazardous Chemical Checklists / eBook Volume 2 3

contentsIntroduction 2

Fire and Building Codes 4

Self-Assessment Checklist 4 (Fire and Building Codes) 7

Hazardous Materials Transportation 8

Self-Assessment Checklist 5 (Hazardous Materials Transportation 10

Facility Security Requirements 11

Self-Assessment Checklist 6 (Facility Security Arrangements) 13

Underground Storage Tank (UST) System Requirements 14

Self-Assessment Checklist 7 (UST System Requirements) 15

About the Author 16

photo credit: luxomedia via photopin cc

EHS Hazardous Chemical Checklists / eBook Volume 24

Local codes govern building and fire safety in most states. These codes require that building construction and operation incorporate design features that address potential hazards – including “hazardous materials” that present physical or health hazards.

Most state and local codes are based on model codes published by the International Code Council (ICC), which is a nonprofit organization established by code enforcement officials to replace state and multi-state codes with a single uniform set. ICC codes include the International Building Code (IBC), International Fire Code (IFC), and complementary specialized codes such as electrical, mechanical, and plumbing. The international codes cross-reference one another extensively.

State and local governments typically review and adopt specific editions of ICC codes as their own, often incorporating variations or additional provisions. For example, the 2013 edition of the California Building Code is based on the 2012 IBC and IFC, with additional provisions that include hazardous materials and seismic hazards. Because each individual building project must comply with the then-applicable requirements of the local codes, including any local variations from the ICC’s model codes, organizational personnel must review each project separately. You cannot rely on previous projects, or even on contemporaneous projects in other jurisdictions.

Building Codes

To determine which requirements apply to a particular building, officials first review what activities will be underway (including the use of hazardous materials) to determine the “occupancy” type under building code provisions, then apply pertinent provisions to develop site-specific requirements. Requirements related to hazardous materials generally are based on the maximum quantity of a chemical or class of chemical that will be present in the occupancy, and how it will be stored and/or handled.

IBC is divided into 50 chapters, some of which provide alternative versions of similar requirements. It is also accompanied by 10 appendices. Chapters may be organized to address topics of concern within most facilities, particular conditions, or administrative details.

fIRE AND BUILDING CODES

photo credit: “Caveman Chuck” Coker via photopin cc

EHS Hazardous Chemical Checklists / eBook Volume 2 5

The heart of the IBC approach is the occupancy, which it defines as “the purpose for which a building, structure, or other improvement to property, or a part thereof, is used or intended to be used.” IBC describes 10 occupancy types, including A (Assembly), B (Business), E (Educational), F (Factory and Industrial), H (High Hazard), I (Institutional), M (Mercantile), R (Residential), S (Storage) and U (Utility and Miscellaneous). For each occupancy type, building codes prescribe materials that can be used in construction, numbers and types of access and exits, whether special ventilation and/or fume hoods are required, the nature and type of fire prevention and suppression equipment, etc.

Storage and use of hazardous materials are considered when occupancies are categorized – hazardous materials are defined using the IFC hazard classes identified below. Building occupants notify the local building official about which classes of hazardous material(s) will be present, maximum quantities that will be present, and whether the hazardous materials will be stored, used in closed system, and/or used in an open system. If the quantities and uses are sufficiently hazardous, any facility may be placed in the appropriate “Group H” (High Hazard) occupancy, which may preclude some other uses considered inappropriate for hazardous locations.

Application of building requirements is intended to be a logical, methodical process. These encompass the following series of steps:

•Classifybuilding:

– Occupancy classification(s) within the building.

– Type of construction.

– Location on property (setbacks and proximity to other occupancies).

– Allowable floor area (which varies with occupancy and type of construction).

– Height and number of stories.

•Reviewbuildingforconformitywithrequirementsapplicable to its occupancy type(s).

•Reviewbuildingforconformitytoconstructionrequirements.

•Reviewbuildingforapplicabilityofandconformityto other special requirements for construction materials or fixtures such as elevators.

•Reviewbuildingforconformitywithstructuralengineering requirements.

When an occupancy contains multiple hazards, all must be addressed. Each building must be constructed in compliance with building code provisions applicable when it is first constructed, but generally need not be retrofitted to incorporate subsequent code amendments unless or until it undergoes major additions, alterations, or repairs. Therefore, existing buildings rarely meet the latest standards. However, local building officials can order upgrades whenever they find the facility is “dangerous to life,” even without a triggering construction project.

fire Codes

Local fire agencies (typically city fire departments and county or regional fire districts) administer local fire codes based on the IFC, through inspection and permit programs. Local jurisdictions coordinate building and fire code administration … although the degree of effective coordination varies. Typically, fire code review is undertaken in cooperation with building officials when a facility is being designed and built, or when the occupant or its activities change. Compliance is overseen on an ongoing basis through inspections and permits.

Most code requirements operate only prospectively, so that conditions legally in existence when code amendments are adopted need not be upgraded. Upgrades are required if the local fire official finds that existing conditions present a “distinct hazard to life or property.”

The IFC is organized into 56 chapters, with subordinate sections. Chapters typically cover one or more of the following aspects:

•Typesoffacilities(undergroundtanks,semiconductor fabrication lines, etc.)

•Typesofmaterialpresent(suchasexplosivesorflammable liquids)

•Howthematerialsareused(storage,useinenclosed processes, use in open containers, etc.)

EHS Hazardous Chemical Checklists / eBook Volume 26

Classes of fire prevention equipment (sprinklers, storage cabinets, etc.).

Within this organizational structure, several elements regulate different aspects of the storage, handling, and use of hazardous materials. Hazardous materials are defined very broadly as “chemicals or substances which are physical hazards or health hazards as defined and classified in this chapter, whether the materials are in usable or waste condition.” Beginning with the 2012 edition, the IFC codifies requirements for hazardous materials in Chapters 50 – 67 (in earlier editions these requirements appeared in Chapters 27 – 44, which have been deleted and reserved). Chapter 50 provides “general provisions” regarding all hazardous materials, and chapters 51 through 67 provide additional details regarding different classes of hazardous materials (compressed gases, flammable and combustible liquids, etc.). IFC hazard classes cover physical and health hazards. Physical hazards are categorized in the following hazard classes:

•Explosivesandblastingagents

•Combustibleliquids

•Flammablesolids,liquidsandgases

•Organicperoxidesolidsorliquids

•Oxidizer,solidsorliquids

•Oxidizinggases

•Pyrophoricsolids,liquidsorgases

•Unstable(reactive)solids,liquidsorgases

•Water-reactivematerialssolidsorliquids

•Cryogenicfluids

Health hazards consist of the following:

•Highlytoxicandtoxicmaterials

•Corrosivematerials

Each facility that handles or stores hazardous materials may be required by its local fire agency to obtain a permit (determined locally based on type and quantities of materials) and may be required to submit a Hazardous materials management Plan (HmmP) and a Hazardous materials Inventory Statement (HmIS):

Each HMMP must include the following information:

•Generalsiteplan,drawntoscale,showinghazardous materials storage areas

•HMIS

•Buildingfloorplans

•Descriptionsofhazardousmaterialshandling

•Chemicalcompatibilityandsafetyprecaution

•Monitoringofeachstoragefacility

•Securityprecautions

•Labelingofstorageareas

•Inspectionandrecordkeeping

•Employeesafetytraining

•Onsiteemergencyequipment.

Each HMIS must list hazardous chemicals and the following information for each:

•Hazardclass.

•Standardidentificationnumber.

•Chemicalandcommonname(forindividualchemicals or constituents of mixtures).

•Manufacturer.

•Maximumquantityonsiteatanytimeduringthereporting period (typically annual).

Compliance CalendarEvent-specific deadlines:

•Localcodeenforcementagencieshaveapplicationprocedures and deadlines associated with individual construction-related projects – e.g., building permits (pre-project) and occupancy permits (post-project)

•Incident(fire)reporting-immediate

Periodic deadlines:

•Periodicoccupancy/compliancepermitsmayberequired (typically annual)

Ongoing deadlines:

•Site-specific(ifany)

EHS Hazardous Chemical Checklists / eBook Volume 2 7

Has the organization identified the agency or agencies that administer building and fire codes at each of its facilities?

Has the organization evaluated building and fire code requirements triggered by its activities involving hazardous materials (storage, on-site movement, processing)?

•Dotheseactivitiescomplywithapplicablebuildingandfirecoderequirements(e.g., quantity limitations, electrical and ventilation system requirements, materials ratings)?

Is the organization inspected by local fire officials (e.g., annual “code i inspections”)?

• Are any of the organization’s facilities required to prepare Hazardous Material Management Plans?

- If so, is the organization in compliance?

- If so, does the organization track changes in materials acquisition and handlingtodeterminewhenandifHMMPrevisionsarerequired?

Istheorganizationplanninganyonsiteprojectsthatwillrequirebuildingpermitsand/ormaychangethestatusofanyfacilitiesunderlocalbuildingand/orfirecodes?

- Ifso,havecurrentcodesbeenreviewedtoensurethatthechanges complywiththelatestrequirements,regardlessoftheageofexisting facilities?

Hastheorganizationidentifiedcompliancedeadlinesassociatedwithlocalbuildingandfire code compliance, for incorporation into a compliance calendar?

- Periodic deadlines:

- Ongoing deadlines

Yes No

SELF-ASSESSMENT CHECKLIST 4

fire and BuildingCodes

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Federal and state laws impose comprehensive requirements on the transportation of both hazardous materials and hazardous wastes. Primary responsibility isassignedtotheUSDepartmentofTransportation(DOT),whichdividesitsresponsibilitiesamongseveralof its constituent agencies. The Pipeline and Hazardous Materials Safety Administration (PHMSA) defines hazardous materials and promulgates most technical and procedural standards for hazardous materials transport in its Hazardous materials Regulations (HmR). Other DOTunitsoverseerequirementsapplicabletocertainmodes of transport, and incorporate HMR provisions into those requirements [e.g., Federal Motor Carrier Safety Administration (FMCSA) regulates motor carriers and drivers, and Federal Railroad Administration regulates railways].DOT’srequirementsgenerallyconformtothoseissued under the “United Nations Recommendations ontheTransportofDangerousGoods”(theUNRecommendations).

Many practitioners refer to the federal law by its former acronym “HMTA” – which stood for the Hazardous Materials Transportation Act –so the following discussion will do so as well (there presently is no “name” for these requirements, which are codified as Chapter 51 of Title 49 of the United States Code). HMTA provisions apply to most forms of transportation, including rail, motor vehicles, aircraft, and vessels. Since most organizations obtain their hazardous materials from offsite, HMTA labeling and packaging requirements apply at least until the point these materials reach facility loading docks for offloading. If an organization subsequently ships materials or products with hazardous components, HMTA requirements apply at shipping docks as well.Defining Hazardous materials

HMTA defines hazardous materials as those that might create an “unreasonable” risk to health and safety or property when being transported. Regulated materials include thousands of hazardous materials listed in PHMSA’s HMR. PHMSA also incorporates by reference hazardous wastes subject to EPA “manifest” requirements, which EPA has structured to be compatible with HMTA requirements (see below).

PHMSA assigns hazardous materials to classes of materials (and sometimes subclasses and divisions) that present similar risks. Each class and division of hazardous materials triggers particular packaging, labeling, handling, and registration requirements. Classification standards are (sometimes) as follows:

•Class1-Explosives

•Class2-HazardousGasesandCryogenicLiquids

•Class3-FlammableandCombustibleLiquids

•Class4-FlammableandCombustibleSolids

•Class5-Oxidizers

•Class6-Poisons

•Class7-RadioactiveMaterials

•Class8-Corrosives

•Class9-MiscellaneousHazardousMaterials.

Regulation of “Transportation in Commerce”

HMTA regulates the “transportation in commerce” of any amount of a designated hazardous material. It covers shipments that are interstate (origin and destination in different states) as well as intrastate (origin and destination within the same state). Specific requirements depends on the hazard class of the material, the quantity of material being shipped, the type of carrier, and the type of container holdingthehazardousmaterial.AsinterpretedbyDOT,“transportation in commerce” includes actual movement in commerce, as well as loading, unloading and activities “incidental” to that movement before and after transport.

HAzARDOUS mATERIALS TRANSPORATION

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PHMSA reduces regulatory requirements for shipments of limited quantities of “materials of trade” by parties whose primary activities are unrelated to transportation, but who transport limited quantities of hazardous materials on motor vehicles as incidental parts of their primary activities. These cover specified quantities transported:

•“Forthepurposeofprotectingthehealthand safety of the motor vehicle operator or passengers” [e.g., insect repellent].

•“Forthepurposeofsupportingtheoperationor maintenance of a motor vehicle (including its auxiliary equipment)” [e.g., spare battery and engine starting fluid].

•“Byaprivatemotorcarrierindirectsupportofaprincipal business that is other than transportation by motor vehicle” [e.g., limited quantities of hazardous materials transported by utility service personnel, plumbers, or welders for use at worksites].

These exceptions apply to some movements of hazardous materials between facilities owned or operated by the same organization. Non-exempt inter-facility shipmen ts are subject to hazardous materials transportation requirements.

Transport regulations

DOTregulationsareorganizedtoaddressboththerange of activities involving hazardous materials, and the individuals and corporate “persons” who undertake these activities. PHMSA regulations cover the following activities:

•Identificationandclassificationofhazardousmaterials [summarized above].

•Manufactureofpackagingandtransportcontainers, to meet performance-based standards tied to chemical hazards.

•Labeling,marking,andplacardingofcontainersand vehicles for transportation.

•Vehicledesign,construction,operationandmaintenance.

•Useofshippingpapersduringtransport.

•Emergencyresponseinformation,providedonshipments (for onsite use) and also available at shipper’s location (if necessary).

•Trainingofpersonnelinvolvedinhazardousmaterials transportation (“hazmat employees”), including initial and recurring training in general and task-specific information.

•Regulationofhazardousmaterialstransporters(bystates); and registration with states.

•Hazardousmaterialssafetypermit,foranypartyinvolved in shipments that exceed applicable thresholds.

•Securityplansforpersonnel,facility,and“enroute”security requirements if shipments of specified materials exceed thresholds (see next section of thisVolume).

•Incidentreporting.

•Recordkeeping.

•Enforcementandliability.

Specific requirements depend on the classes and hazards of hazardous materials acquired, used and/or shipped from a facility, and on the range of onsite activities. Many of the onsite requirements mesh closely with OSHA’s worker protection standards (see above).

Hazardous material TransportationSELF-ASSESSMENT CHECKLIST 5

Is the organization responsible for hazardous materials transportation?:

- Does it receive hazardous materials shipments?

- Does it transfer hazardous materials between its facilities?

- Does it ship hazardous materials offsite?

Does the organization comply with applicable DOT requirements relating to transportation and management of hazardous materials?

Has the organization identified compliance deadlines associated with hazardous materials transportation, for incorporation into a compliance calendar?

- Periodic deadlines:

- Ongoing deadlines:

Yes No

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Compliance CalendarEvent-specific deadlines:

•Incidentreporting–verbalreportimmediatelyplus written follow up within 30 days

Periodic deadlines:

•June30–eachofferorandtransporterofmorethan specified threshold amounts of hazardous materials files annual Registration Statement

•Every2years–renewsafetypermitusing

Motor Carrier Identification Report (MCS-150) or Combined Motor Carrier Identification Report and Hazardous Materials Permit (MCS-150B)(changing to MCSA-1 in 2015)

•Recurringtrainingforeachhazmatemployee, at least every 3 years

Ongoing deadlines:

•2years–post-shipmentretentionperiodforhazardous materials shipping papers

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One of the important issues any employer must address is the physical security of the company’s premises. Organizations traditionally have focused on potential crimes against the organization or facility, particularly robberies, theft by employees, or industrial espionage. This issue has long been one assigned to an employer’s security staff, if any—facilities without a security function may assign it to other operating units, such as facilities management. EH&S staff roles have typically been limited to compliance with general security rules set by the organization, and with a few regulatory requirements (such as securing hazardous waste containers to prevent unintentional mixing of incompatibles).

In the decade since September 11, 2001, however, anxiety about possible terrorism is much higher. Many governmental and private organizations are making efforts to address real and perceived threats of terrorism—including a host of new federal and even state laws. Any organization might conceivably be a direct primary target of terrorism, a secondary target (e.g. for theft of materials to be deployed elsewhere), or even an “innocent bystander” that suffers damage from a bomb blast or other attack. Although certain organizations are more likely to be targeted because their activities inflame the political passions of possible terrorists, every organization is at some risk, so it’s worth thinking about the issue and determining whether to commit your resources to counter-terrorism measures. Note that many of these new anti-terrorism measures also help protect against non-political criminal activities.

Nationally, the primary preventive and regulatory responsehasbeenthecreationoftheDepartmentofHomelandSecurity(DHS).Inaddition,EPA,DOTandother agencies have incorporated additional security requirements into their regulatory programs.

Training and Security Plans by Shippers and Carriers of Certain Highly Hazardous materials

PHMSA’s hazardous materials transportation rules include requirements that all newly hired employees involved in interstate commerce in hazardous materials—what PHMSA calls “hazmat employees”—must receive “general awareness” training describing hazardous materials safety and the regulations applicable to transport, as well as job-specific training. PHMSA identifies two levels of security training:

• Securityawarenesstraining:Thismustaddresssecurity risks associated with hazardous materials transportation, and methods designed to enhance transportation security.

• In-depthsecuritytraining:Eachemployerrequired to prepare a security plan (see below) must also train hazmat employees concerning the security plan and its implementation, including organizational security objectives and structure, employee responsibilities, and actions to take in response to a security breach.

Each shipper and carrier that offers or transports more than specified quantities of hazardous materials must develop and implement a security plan, with at least the following elements:

• Personnelsecuritymeasurestoconfirminformation supplied by applicants for jobs that involve access to or handling of materials covered by the organization’s security plan.

• Measurestopreventunauthorizedaccessto the materials.

• “Enroutesecurity”measuresduringshipments, including any places where shipments are “stored incidental to movement”.

• Identificationbyjobtitleoftheseniormanagement official responsible for the plan.

• Securitydutiesforeachpositionordepartmentresponsible for all or a portion of the plan, and a process for notifying employees when specific elements must be implemented .

• Atrainingplanforhazmatemployees.

Plans are to be reviewed annually, and revised as necessary.

fACILITy SECURITy REqUIREmENTS

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Chemical facility Anti-Terrorism Standards (CfATS)

DHS’sCFATSprogramrequireschemicalfacilitiesto undertake security measures to protect against “potential consequences of or vulnerabilities to a terrorist attack or incident.” These regulations establish risk-based performance standards for facilities that handle more than a screening threshold quantity (STQ) of any Chemical of Interest. CFATS applies to most“chemicalfacilities,”whichDHSdefinesas“anyestablishment that possesses or plans to possess, at any relevant point in time, a quantity of a chemical substancedeterminedby[DHS]tobepotentiallydangerous or that meets other risk-related criteria identifiedby[DHS].”However,theseregulationsexclude specific categories of chemical facilities already subject to other security requirements (e.g., Public WaterSystemssubjecttotheSafeDrinkingWaterAct(SDWA)).DHSrequiresindividualstocompleteits“Chemical-terrorismVulnerabilityInformation(CVI)AuthorizedUserTraining”andbecomeCVIAuthorizedUsers before they can access and use CSAT.

• Initial Compliance

A chemical facility that possesses any Chemical of Interest at or above its associated STQ must complete and submit an initial information submission (“Top-Screen”) using the CSAT within 60 days after it first possesses any Chemical of Interest at or above its STQ. The facility also must designate a person to be responsible for submission of information through the CSAT and for attesting to the accuracy of such information. This person must be an officer of the corporation or person designated by an officer, and must be domiciled within the US.

• DHS Determination of High Risk Facilities

DHSreviewstheTop-Screentoassessthedegreeofhazardposedbythefacility.DHSmaydeterminethata facility presents a high level of security risk, in which case it is identified as a “high risk facility” or “covered facility”—and provide the facility written notice of its determination.DHSmayalsocategorizethefacilityas a “presumptively high risk facility.” If a facility “materially alters its operations” it can file a request for redeterminationand/orrequestameetingwithDHStoaddressthechanges.DHSistoprovideawrittenresponse within 45 days after receiving the request or conducting the meeting.

• Security Vulnerability Assessment

DHSmakesapreliminarydeterminationofeachhighrisk facility’s risk-based tier, based on review of the Top-Screen and any additional information. Tiers range from Tier 1 (highest risk facilities) to Tier 4 (lowest risk facilities).AfternotificationbyDHS,PreliminaryTier1 facilities have 90 days to complete and submit a SecurityVulnerabilityAssessment(SVA),PreliminaryTier 2 facilities have 120 days, Preliminary Tier 3 facilities have150days,andPreliminaryTier4facilitieshave180daystocompleteandsubmitaSVAoraDHSapprovedAlternativeSecurityPlan(ASP).EachSVAmustincludethe following:

- Asset Characterization—identification and characterization of potential critical assets; hazards and consequences of concern for the facility, its surroundings, its identified critical asset(s), and its supporting infrastructure; and existing layers of protection.

- Threat Assessment—description of possible internal, external, and internally-assisted threats.

-SecurityVulnerabilityAnalysis—identificationof potential security vulnerabilities, and existing countermeasures and their level of effectiveness in reducing identified vulnerabilities and meeting applicableDHSRisk-BasedPerformanceStandards.

- Risk Assessment—determination of the relative risk to the facility in terms of the expected effect on each critical asset and the likelihood of a successful attack.

- Countermeasures Analysis strategies to reduce the probability of a successful attack or the probable degree of success; and strategies that enhance the risk reduction, reliability and maintainability of the options, the capabilities and effectiveness of mitigation options, and the feasibility of the options.

Followingreviewofthefacility’sSVA,DHSmakesafinalplacement of the facility in one of four tiers, and notifies the facility of its placement.

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• Site Security Plans

-UnlessotherwisenotifiedbyDHS,eachhighrisk facility must complete a Site Security Plan, within120calendardaysafteritisnotifiedofDHS’determination. Each Plan must do the following:

- Address each vulnerability identified in the facility’s SVA,andidentifyanddescribesecuritymeasurestoaddress each vulnerability

- Identify and describe how these security measures will address the applicable risk-based performance standards and potential modes of terrorist attack (including, as applicable, vehicle-borne explosive devices, water-borne explosive devices, ground assault,orothermodesidentifiedbyDHS)

- Identify and describe how security measures selected and utilized by the facility will meet or exceed each applicable performance standard for facility’s risk-based Tier

-SpecifyotherinformationrequiredbyDHS.

EachPlanmustbecompletedusingDHS’CSATprocess,any other methodology or process identified or issued byDHS,oranAlternativeSecurityProgram(ASP).Eachcovered facility must develop appropriate risk-based measures in its Site Security Plan, and implement them. Measures must be designed to satisfy extensive risk-based performance standards. Alternatively, a Covered Facility may submit an ASP designed to provide equivalent levels of security.

Compliance Calendar

Event-specific deadlines:

Periodic deadlines:

•Annual–reviewhazardousmaterialssecurityplan

Ongoing deadlines:

SELF-ASSESSMENT CHECKLIST 6

Has the organization identified compliance deadlines associated with security requirements for incorporation into a compliance calendar?

- Periodic deadlines:

- Ongoing deadlines:

Yes No

facility Security Arrangements

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In1984,Congressadoptedanationalprogramtoregulate underground storage tank (UST) systems storing petroleum and other hazardous substances (the UST Law). EPA establishes national standards. State agencies administer the federal UST rules, and may also administer stricter state standards. Many states also administer state financial responsibility programs, to ensure the UST owners and operators meet federal requirements to be able to pay for cleanups.

Defining Regulated Hazardous Substances

The UST Law regulates the storage of “hazardous substances,” which include the following:

•Gasolineandotherpetroleumproducts

• Substancesforwhichreportablequantities (RQs) have been established under federal Superfund to define release reporting responsibilities

• Toxicandnonconventionalpollutants(also called “priority pollutants”) regulated by the CleanWaterAct(CWA;seeVolumeIIIbelow)

•Anyotherhazardoussubstancedesignated by EPA (none to date).

Defining Regulated UST Systems

The UST Law regulates individual USTs, and complete UST systems including piping and monitoring. A tank is regulated as “underground” if at least 10 percent of the total capacity of the entire UST system (including piping) is below grade. However, the UST Law excludes the following from the definition of USTs:

•Anytankwithacapacityof110gallonsorless;

• Farmandresidentialfueltankswitha capacity of 1,100 gallons or less;

• Tanksstoringheatingoilforonsiteuse;

• Septictanks;

•Pipelinefacilitiesassociatedwithoilorgas production and gathering activities;

• Surfaceimpoundments,lagoons,pits,and ponds [generally regulated under water quality and hazardous waste laws];

• Stormwaterandwastewatercollectiontanks (generally regulated under water quality laws);

• Flow-throughprocesstanks;and

•Tanksthatareonorabovethefloorinside underground areas (such as basements).

EPA regulations exempt the following UST systems from technical standards and corrective action requirements:

•USTsinwastewatertreatmentsystems

•USTscontainingregulatedsubstancesfor operational purposes in equipment or machinery (such as oils in transformers)

•USTsusedforemergencyspillor overflow containment, so long as they are “expeditiously emptied after use.”

Finally, EPA also “defers” regulation of the following USTs:

•USTscontainingradioactivematerial regulated under federal atomic energy laws

•USTsthatarepartofanemergencygenerator system at nuclear power plants regulated by the Nuclear Regulatory Commission (NRC)

•Airporthydrantfueldistributionsystems

• USTswithfield-constructedtanks.

UNDERGROUND STORAGE TANK SySTEm REqUIREmENTS

UNDERGROUND STORAGE TANK SySTEmSSELF-ASSESSMENT CHECKLIST 7

Regulating UST systems

The UST Law and EPA regulations establish detailed technical requirements for the following:

•Registrationwithstateregulators

•USTsysteminstallation(includingdesign and construction requirements for USTs and system components including piping and monitoring; and certification for installers)

• Operatingrequirements,includingongoing monitoring and leak detection (including system requirements and operator training

• Releasereportingandcorrectiveaction

•Recordkeeping

•Closure

• Financialresponsibility.

Compliance Calendar

Event-specific deadlines:

• Reportunauthorizedreleaseswithin24hours

Periodic deadlines:

• Renewstatepermit(ifany)

• Every3years(atleast)agencyinspection

Ongoing deadlines:

• Ensurethatmonitoringandtrainingcanbe verified

• Maintain financial responsibility (petroleum UST)

EHS Hazardous Chemical Checklists / eBook Volume 2 15

Does the organization own or operate an UST system storing petroleum products or other hazardous substances?

If so, is the UST system subject to federal UST Law requirements, and if so:

- Registered with EPA/state?

- Constructed in compliance with federal/state standards, including monitoring and leak detection?

- Installed by a certified installer?

- Operated by trained operator, in compliance with federal/state standards, including monitoring and leak detection?

- Covered by financial responsibility (if stores petroleum products)?

- Covered by recordkeeping practices to confirm compliance?

Has the organization identified compliance deadlines associated with regulated UST systems, for incorporation into a compliance calendar?

- Periodic deadlines:

- Ongoing deadlines:

Yes No

EHS Hazardous Chemical Checklists / eBook Volume 216

AbouT THE AuTHor

jon f. Elliott BSE, MPP, JD

JonElliott has made a major contribution to the Specialty Technical Publishers (STP) product range for over 25 years. His impressive list of publications includes:

CAL/OSHA: Compliance and Auditing

Complete Guide to Environmental Law

Complete Guide to Hazardous Materials Enforcement and Liability: California

Environmental Compliance: A Simplified National Guide

Environmental Compliance in California: The Simplified Guide

Federal Toxics Program Commentary

Hazardous Materials Program Commentary: California

OSHA Compliance: A Simplified National Guide

U.S. Federal Mandatory Greenhouse Gas Emissions Reporting Audit Protocol

Greenhouse Gas Auditing of Supply Chains

He has also produced the following publications relating to corporate governance and activities:

Securities Law: A Guide to the 1933 and 1934 Acts

Directors’andOfficers’Liability

WorkplaceViolencePrevention:APracticalGuide

He continues to write quarterly updates for these, and many other, important publications.

Mr. Elliott has a diverse educational background. In addition tohisJurisDoctor(UniversityofCalifornia,BerkeleyBoaltHallSchoolofLaw–1981),heholdsaMasterofPublicPolicy(GoldmanSchoolofPublicPolicy,UCBerkeley–1980)andaBachelor of Science in Mechanical Engineering (Princeton University–1977).

Mr. Elliott’s professional experience includes:

Practicing attorney in California.

Compliance consultant and legal advisor(since1985),specializingin projects that address multiple legal frameworks simultaneously.

Instructor in University of California Extension Professional Certificate Programs.

EHS Hazardous Chemical Checklists / eBook Volume 2 17

Head Office

Suite 306 – 267 West Esplanade NorthVancouver,BC,CanadaV7M1A5

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