COMPLYING WITH ENVIRONMENTAL, HEALTH AND
SAFETY REQUIREMENTS FOR ACTIVITIES INVOLVING

HAZARDOUS CHEMICALS
THE SECOND EBOO...
introduction
When your organization acquires and
uses chemicals, it triggers dozens of
environmental, health and safety (E...
contents
Introduction	2
Fire and Building Codes	

4

	

7

Self-Assessment Checklist 4 (Fire and Building Codes)	

Hazardo...
FIRE AND BUILDING
CODES							
	
Local codes govern building and fire safety in most states. These codes
require that buil...
The heart of the IBC approach is the occupancy,
which it defines as “the purpose for which a building,
structure, or other...
Classes of fire prevention equipment (sprinklers,
storage cabinets, etc.).
Within this organizational structure, several e...
SELF-ASSESSMENT
CHECKLIST 4

Fire and BuildingCodes

Yes	No
Has the organization identified the agency or agencies that ad...
HAZARDOUS
MATERIALS
TRANSPORATION		
				

HMTA defines hazardous materials as those that might
create an “unreasonable” ri...
PHMSA reduces regulatory requirements for
shipments of limited quantities of “materials of trade”
by parties whose primary...
Compliance Calendar
Event-specific deadlines:
	 • ncident reporting – verbal report immediately
I
plus written follow up w...
FACILITY
SECURITY
REQUIREMENTS		
				
One of the important issues any employer must
address is the physical security of th...
Chemical Facility Anti-Terrorism Standards (CFATS)

	 • Security Vulnerability Assessment

DHS’s CFATS program requires ch...
•	Site Security Plans
	 -	 nless otherwise notified by DHS, each high
U
risk facility must complete a Site Security Plan,
...
UNDERGROUND
STORAGE
TANK SYSTEM
REQUIREMENTS
In 1984, Congress adopted a national program to
regulate underground storage ...
Compliance Calendar

Regulating UST systems
The UST Law and EPA regulations establish detailed
technical requirements for ...
About the Author
Jon Elliott has made a major contribution to the Specialty
Technical Publishers (STP) product range for o...
1 800.251.0381
Head Office
Suite 306 – 267 West Esplanade
North Vancouver, BC, Canada V7M 1A5
Copyright © 2014 Specialty T...
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Hazardous Chemicals Checklists eBook Volume 2

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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.

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Hazardous Chemicals Checklists eBook Volume 2

  1. 1. COMPLYING WITH ENVIRONMENTAL, HEALTH AND SAFETY REQUIREMENTS FOR ACTIVITIES INVOLVING HAZARDOUS CHEMICALS THE SECOND EBOOK IN A THREE-PART SERIES EXPLAINING 02 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
  2. 2. introduction 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 postuse 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 SelfAssessment Checklists with each section, and outline a calendar for scheduling compliance activities. This is the second volume in a threevolume 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. 2 EHS Hazardous Chemical Checklists / eBook Volume 2 Together, these three volumes present the following information: • Volume I: - ntroductory summary of US federal I laws and regulatory agencies - ight to Know: Worker Protection R and Right to Know provisions, and Emergency Planning and Community Right to Know provisions • olume II: Onsite Storage and V Management - Fire and Building Codes - azardous Materials Transportation H - Facility Security Requirements - nderground Storage Tank System U Requirements • olume III: Waste and Emission V Management, and Calendar - azardous Waste Management H - Air Quality Protection - Water Quality Protection Jon F. Elliott, BSE, MPP, JD California 2014
  3. 3. contents Introduction 2 Fire and Building Codes 4 7 Self-Assessment Checklist 4 (Fire and Building Codes) Hazardous Materials Transportation 8 Self-Assessment Checklist 5 (Hazardous Materials Transportation 0 1 Facility Security Requirements 11 13 Self-Assessment Checklist 6 (Facility Security Arrangements) Underground Storage Tank (UST) System Requirements 14 15 Self-Assessment Checklist 7 (UST System Requirements) About the Author 16 photo credit: luxomedia via photopin cc EHS Hazardous Chemical Checklists / eBook Volume 2 3
  4. 4. FIRE AND BUILDING CODES 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 multistate 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. photo credit: “Caveman Chuck” Coker via photopin cc 4 EHS Hazardous Chemical Checklists / eBook Volume 2
  5. 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: • Classify building: – Occupancy classification(s) within the building. – Type of construction. – ocation on property (setbacks and proximity to L other occupancies). – llowable floor area (which varies with A occupancy and type of construction). – Height and number of stories. • Review building for conformity with requirements applicable to its occupancy type(s). 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: • ypes of facilities (underground tanks, T semiconductor fabrication lines, etc.) • Types of material present (such as explosives or flammable liquids) • How the materials are used (storage, use in enclosed processes, use in open containers, etc.) • eview building for conformity to construction R requirements. • Review building for applicability of and conformity to other special requirements for construction materials or fixtures such as elevators. • eview building for conformity with structural R engineering requirements. EHS Hazardous Chemical Checklists / eBook Volume 2 5
  6. 6. 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: • Explosives and blasting agents • Combustible liquids • Flammable solids, liquids and gases Each HMMP must include the following information: • eneral site plan, drawn to scale, showing G hazardous materials storage areas • HMIS • Building floor plans • Descriptions of hazardous materials handling • Chemical compatibility and safety precaution • Monitoring of each storage facility • Security precautions • Labeling of storage areas • Inspection and record keeping • Employee safety training • Onsite emergency equipment. Each HMIS must list hazardous chemicals and the following information for each: • Hazard class. • Standard identification number. • Organic peroxide solids or liquids • Chemical and common name (for individual chemicals or constituents of mixtures). • Oxidizer, solids or liquids • Manufacturer. • Oxidizing gases • aximum quantity onsite at any time during the M reporting period (typically annual). • Pyrophoric solids, liquids or gases • Unstable (reactive) solids, liquids or gases • Water-reactive materials solids or liquids • Cryogenic fluids Health hazards consist of the following: • Highly toxic and toxic materials • Corrosive materials 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): Compliance Calendar Event-specific deadlines: • ocal code enforcement agencies have application L procedures 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: • eriodic occupancy/compliance permits may be P required (typically annual) Ongoing deadlines: • Site-specific (if any) 6 EHS Hazardous Chemical Checklists / eBook Volume 2
  7. 7. SELF-ASSESSMENT CHECKLIST 4 Fire and BuildingCodes Yes No 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)? • o these activities comply with applicable building and fire code requirements D (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 handling to determine when and if HMMP revisions are required? Is the organization planning any onsite projects that will require building permits and/or may change the status of any facilities under local building and/or fire codes? - If so, have current codes been reviewed to ensure that the changes comply with the latest requirements, regardless of the age of existing facilities? Has the organization identified compliance deadlines associated with local building and fire code compliance, for incorporation into a compliance calendar? - Periodic deadlines: - Ongoing deadlines EHS Hazardous Chemical Checklists / eBook Volume 2 7
  8. 8. HAZARDOUS MATERIALS TRANSPORATION 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). Federal and state laws impose comprehensive requirements on the transportation of both hazardous materials and hazardous wastes. Primary responsibility is assigned to the US Department of Transportation (DOT), which divides its responsibilities among several of 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 DOT units oversee requirements applicable to certain modes 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’s requirements generally conform to those issued under the “United Nations Recommendations on the Transport of Dangerous Goods” (the UN Recommendations). 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 8 EHS Hazardous Chemical Checklists / eBook Volume 2 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: • Class 1 - Explosives • Class 2 - Hazardous Gases and Cryogenic Liquids • Class 3 - Flammable and Combustible Liquids • Class 4 - Flammable and Combustible Solids • Class 5 - Oxidizers • Class 6 - Poisons • Class 7 - Radioactive Materials • Class 8 - Corrosives • Class 9 - Miscellaneous Hazardous Materials. 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 holding the hazardous material. As interpreted by DOT, “transportation in commerce” includes actual movement in commerce, as well as loading, unloading and activities “incidental” to that movement before and after transport.
  9. 9. 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: • For the purpose of protecting the health “ and safety of the motor vehicle operator or passengers” [e.g., insect repellent]. • For the purpose of supporting the operation “ or maintenance of a motor vehicle (including its auxiliary equipment)” [e.g., spare battery and engine starting fluid]. • By a private motor carrier in direct support of a “ principal 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 DOT regulations are organized to address both the range of activities involving hazardous materials, and the individuals and corporate “persons” who undertake these activities. PHMSA regulations cover the following activities: • ehicle design, construction, operation and V maintenance. • Use of shipping papers during transport. • mergency response information, provided on E shipments (for onsite use) and also available at shipper’s location (if necessary). •Training of personnel involved in hazardous materials transportation (“hazmat employees”), including initial and recurring training in general and task-specific information. • egulation of hazardous materials transporters (by R states); and registration with states. • azardous materials safety permit, for any party H involved in shipments that exceed applicable thresholds. • ecurity plans for personnel, facility, and “en route” S security requirements if shipments of specified materials exceed thresholds (see next section of this Volume). • Incident reporting. • Record keeping. • Enforcement and liability. 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). • dentification and classification of hazardous I materials [summarized above]. • anufacture of packaging and transport M containers, to meet performance-based standards tied to chemical hazards. • abeling, marking, and placarding of containers L and vehicles for transportation. EHS Hazardous Chemical Checklists / eBook Volume 2 9
  10. 10. Compliance Calendar Event-specific deadlines: • ncident reporting – verbal report immediately I plus written follow up within 30 days Periodic deadlines: • une 30 – each offeror and transporter of more J than specified threshold amounts of hazardous materials files annual Registration Statement • Every 2 years – renew safety permit using SELF-ASSESSMENT CHECKLIST 5 Motor Carrier Identification Report (MCS-150) or Combined Motor Carrier Identification Report and Hazardous Materials Permit (MCS-150B)(changing to MCSA-1 in 2015) • ecurring training for each hazmat employee, R at least every 3 years Ongoing deadlines: • years – post-shipment retention period for 2 hazardous materials shipping papers Hazardous Material Transportation Yes No 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? - - 10 Periodic deadlines: Ongoing deadlines: EHS Hazardous Chemical Checklists / eBook Volume 2
  11. 11. FACILITY SECURITY REQUIREMENTS 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. EHS 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 response has been the creation of the Department of Homeland Security (DHS). In addition, EPA, DOT and other 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: • ecurity awareness training: This must address S security risks associated with hazardous materials transportation, and methods designed to enhance transportation security. • n-depth security training: Each employer I required 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: • ersonnel security measures to confirm P information supplied by applicants for jobs that involve access to or handling of materials covered by the organization’s security plan. • Measures to prevent unauthorized access to the materials. • “En route security” measures during shipments, including any places where shipments are “stored incidental to movement”. • dentification by job title of the senior I management official responsible for the plan. • ecurity duties for each position or department S responsible for all or a portion of the plan, and a process for notifying employees when specific elements must be implemented . • A training plan for hazmat employees. Plans are to be reviewed annually, and revised as necessary. EHS Hazardous Chemical Checklists / eBook Volume 2 11
  12. 12. Chemical Facility Anti-Terrorism Standards (CFATS) • Security Vulnerability Assessment DHS’s CFATS program requires chemical facilities to 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 “chemical facilities,” which DHS defines as “any establishment that possesses or plans to possess, at any relevant point in time, a quantity of a chemical substance determined by [DHS] to be potentially dangerous or that meets other risk-related criteria identified by [DHS].” However, these regulations exclude specific categories of chemical facilities already subject to other security requirements (e.g., Public Water Systems subject to the Safe Drinking Water Act (SDWA)). DHS requires individuals to complete its “Chemical-terrorism Vulnerability Information (CVI) Authorized User Training” and become CVI Authorized Users before they can access and use CSAT. DHS makes a preliminary determination of each high risk 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). After notification by DHS, Preliminary Tier 1 facilities have 90 days to complete and submit a Security Vulnerability Assessment (SVA), Preliminary Tier 2 facilities have 120 days, Preliminary Tier 3 facilities have 150 days, and Preliminary Tier 4 facilities have 180 days to complete and submit a SVA or a DHS approved Alternative Security Plan (ASP). Each SVA must include the following: • 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 (“TopScreen”) 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 DHS reviews the Top-Screen to assess the degree of hazard posed by the facility. DHS may determine that a 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. DHS may also categorize the facility as a “presumptively high risk facility.” If a facility “materially alters its operations” it can file a request for redetermination and/or request a meeting with DHS to address the changes. DHS is to provide a written response within 45 days after receiving the request or conducting the meeting. 12 EHS Hazardous Chemical Checklists / eBook Volume 2 - sset Characterization—identification and A 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. - hreat Assessment—description of possible T internal, external, and internally-assisted threats. - ecurity Vulnerability Analysis—identification S of potential security vulnerabilities, and existing countermeasures and their level of effectiveness in reducing identified vulnerabilities and meeting applicable DHS Risk-Based Performance Standards. - isk Assessment—determination of the relative risk R to the facility in terms of the expected effect on each critical asset and the likelihood of a successful attack. - ountermeasures Analysis strategies to reduce C 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. Following review of the facility’s SVA, DHS makes a final placement of the facility in one of four tiers, and notifies the facility of its placement.
  13. 13. • Site Security Plans - nless otherwise notified by DHS, each high U risk facility must complete a Site Security Plan, within 120 calendar days after it is notified of DHS’ determination. Each Plan must do the following: - ddress each vulnerability identified in the facility’s A SVA, and identify and describe security measures to address each vulnerability - dentify and describe how these security measures I 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, or other modes identified by DHS) - dentify and describe how security measures I selected and utilized by the facility will meet or exceed each applicable performance standard for facility’s risk-based Tier Each Plan must be completed using DHS’ CSAT process, any other methodology or process identified or issued by DHS, or an Alternative Security Program (ASP). Each covered facility must develop appropriate risk-based measures in its Site Security Plan, and implement them. Measures must be designed to satisfy extensive riskbased 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 – review hazardous materials security plan Ongoing deadlines: - pecify other information required by DHS. S SELF-ASSESSMENT CHECKLIST 6 Facility Security Arrangements Yes No Has the organization identified compliance deadlines associated with security requirements for incorporation into a compliance calendar? - Periodic deadlines: - Ongoing deadlines: EHS Hazardous Chemical Checklists / eBook Volume 2 13
  14. 14. UNDERGROUND STORAGE TANK SYSTEM REQUIREMENTS In 1984, Congress adopted a national program to regulate 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. • Farm and residential fuel tanks with a capacity of 1,100 gallons or less; • Tanks storing heating oil for onsite use; • Septic tanks; • Pipeline facilities associated with oil or gas production and gathering activities; • Surface impoundments, lagoons, pits, and ponds [generally regulated under water quality and hazardous waste laws]; • Storm water and wastewater collection tanks (generally regulated under water quality laws); • Flow-through process tanks; and • Tanks that are on or above the floor inside underground areas (such as basements). EPA regulations exempt the following UST systems from technical standards and corrective action requirements: Defining Regulated Hazardous Substances • USTs in wastewater treatment systems The UST Law regulates the storage of “hazardous substances,” which include the following: • USTs containing regulated substances for operational purposes in equipment or machinery (such as oils in transformers) • Gasoline and other petroleum products • Substances for which reportable quantities (RQs) have been established under federal Superfund to define release reporting responsibilities • Toxic and nonconventional pollutants (also called “priority pollutants”) regulated by the Clean Water Act (CWA; see Volume III below) • Any other hazardous substance designated 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: • Any tank with a capacity of 110 gallons or less; 14 EHS Hazardous Chemical Checklists / eBook Volume 2 • USTs used for emergency spill or overflow containment, so long as they are “expeditiously emptied after use.” Finally, EPA also “defers” regulation of the following USTs: • USTs containing radioactive material regulated under federal atomic energy laws • USTs that are part of an emergency generator system at nuclear power plants regulated by the Nuclear Regulatory Commission (NRC) • Airport hydrant fuel distribution systems • USTs with field-constructed tanks.
  15. 15. Compliance Calendar Regulating UST systems The UST Law and EPA regulations establish detailed technical requirements for the following: • Registration with state regulators • UST system installation (including design and construction requirements for USTs and system components including piping and monitoring; and certification for installers) • Operating requirements, including ongoing monitoring and leak detection (including system requirements and operator training Event-specific deadlines: • Report unauthorized releases within 24 hours Periodic deadlines: • Renew state permit (if any) • Every 3 years (at least) agency inspection Ongoing deadlines: • Release reporting and corrective action • Ensure that monitoring and training can be verified • Recordkeeping • Maintain financial responsibility (petroleum UST) • Closure • Financial responsibility. SELF-ASSESSMENT CHECKLIST 7 UNDERGROUND STORAGE TANK SYSTEMS Yes No 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: EHS Hazardous Chemical Checklists / eBook Volume 2 15
  16. 16. About the Author Jon Elliott has made a major contribution to the Specialty Technical Publishers (STP) product range for over 25 years. His impressive list of publications includes: C AL/OSHA: Compliance and Auditing C omplete Guide to Environmental Law C omplete Guide to Hazardous Materials Enforcement and Liability: California E nvironmental Compliance: A Simplified National Guide E nvironmental Compliance in California: The Simplified Guide Jon F. Elliott BSE, MPP, JD Mr. Elliott’s professional experience includes: P racticing attorney in California. C ompliance consultant and legal advisor (since 1985), specializing in projects that address multiple legal frameworks simultaneously. I nstructor in University of California Extension Professional Certificate Programs. F ederal Toxics Program Commentary H azardous Materials Program Commentary: California O SHA Compliance: A Simplified National Guide U .S. Federal Mandatory Greenhouse Gas Emissions Reporting Audit Protocol G reenhouse Gas Auditing of Supply Chains He has also produced the following publications relating to corporate governance and activities: S ecurities Law: A Guide to the 1933 and 1934 Acts D irectors’ and Officers’ Liability W orkplace Violence Prevention: A Practical Guide He continues to write quarterly updates for these, and many other, important publications. Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Berkeley Boalt Hall School of Law–1981), he holds a Master of Public Policy (Goldman School of Public Policy, UC Berkeley–1980) and a Bachelor of Science in Mechanical Engineering (Princeton University–1977). 16 EHS Hazardous Chemical Checklists / eBook Volume 2
  17. 17. 1 800.251.0381 Head Office Suite 306 – 267 West Esplanade North Vancouver, BC, Canada V7M 1A5 Copyright © 2014 Specialty Technical Publishers. All Rights Reserved. This publication does not constitute legal, accounting or other professional advice. STP Specialty Technical Publishers and its authors make no warranties, whether express or implied, regarding the accuracy of any information or materials contained herein or the results of any course of action described herein, and STP and its authors expressly and specifically disclaim the implied warranties of merchantability and fitness for a particular purpose. www.stpub.com EHS Hazardous Chemical Checklists / eBook Volume 2 17

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