:: Compliance Manual - EPA
 

GAWDA COMPLIANCE MANUAL - E.P.A.

ENVIRONMENTAL PROTECTION AGENCY

Updated November 2006

DISCLAIMER


This manual contains information designed to assist welding supply distributors in complying with federal regulations that affect their businesses. This manual does not constitute legal advice, however; users are advised to obtain competent legal counsel in developing their own regulatory compliance programs.

In addition, the regulations referenced herein are subject to change from time to time. The Gases and Welding Distributors Association does not guarantee the accuracy of the regulatory language in this manual. GAWDA will provide updates to this manual as appropriate.

Digital Version

This digital version of the EPA Manual derives primarily from the hard bound set. A large portion  of the Manual's paper information was optically scanned (to retrieve text) and rearranged in the format below, carefully preserving the outline form. In addition, portions of the Manual that were copied from outside sources, or which were of low print quality, were scanned as images, not text, and included as Acrobat .pdf files. Furthermore, many articles in the Manual refer to EPA information which is referenced on the web. In several instances, there are links to either the specific articles/forms in the Manual or to updated articles/forms. Lastly, while optical scanning is good, it's not perfect.

 

Executive Summary

The Environmental Protection Agency (EPA) section of the GAWDA Compliance Manual has been prepared to assist the distributor in his / her compliance with the Environmental Protection
Agency regulations affecting distributors. 

There are a number of areas of EPA regulation directly affecting the average distributor. Penalties for failure to comply are substantial. There is rigid guidance for handling wastes, for complying with emergency planning and community right-to-know, and for handling underground storage tanks. There are a number of key dates for complying, many now long past.

The Compliance Manual will be updated from time to time as may be necessary.

Gases and Welding Distributors Association

Safety Committee

CONTENTS  (revised 02-04)


TOPIC                                                                                                 TAB            
___________________________________________________________

Executive Summary

Contents ...........................................................................1

 Introduction ......................................................................2

 What To Do ........................................................................3

 Hazardous Wastes .............................................................4

Superfund Amendment & Reauthorization Act (SARA)

Basic Information, Important Dates, Penalties............... 5

 Title III Fact Sheet ......................................................6

 Tier2 Submit Software and Tier II Form and Instructions..7

Consolidated List of Chemicals .....................................8

 Facility Model Contingency Plan ...................................9

EPA Regional Offices and SARA -Title III State
 Emergency Response Commission Telephone
Numbers...................................................................10

 Emergency Response Planning ...................................11

Underground Storage Tanks ...............................................12

 Land Purchase / Site Notes ................................................13

 Storm Water Discharge Rules .............................................14

 Introduction to the EPA Risk Management Program ..............15

 EPA Risk Management Program Requirements .....................16

Section 313 (Form R Reporting) Industry Guidance...............17

TAB 2

INTRODUCTION (revised 02-93)

ENVIRONMENTAL PROTECTION AGENCY


The Environmental Protection Agency (EPA) was established in the executive branch as an independent agency on December 2, 1970. It was created to permit coordinated and effective governmental action on behalf of the environment.

The purpose of the EPA is to protect and enhance our environment; today and for future generations to the fullest extend possible, under the laws enacted by Congress. The Agency's mission is to control and abate pollution in the areas of air, water, solid waste, pesticides, radiation, and toxic substances. EPA's mandate is to mount an integrated, coordinated attack on environmental pollution in cooperation with state and local governments.

Depending on the individual scope of operations, the welding supply distribution industry is affected by nearly all the EPA's activities.

The TAB sections following cover the regulations, which should be of major interest to most distributors. The level of involvement, with regard to each regulation, will be dependent upon the distributor's facility and product mix. Those handling hazardous materials, particularly those that are toxic, will have greater involvement than those who do not.

The regulations covered are as follows:

1. Hazardous Waste

2. SARA -Title III

3. Underground Storage Tanks (UST)

4. Storm Water Discharge Rules

In addition a section is included on "Land Purchase/Site Notes," which gives helpful advise prior to purchasing property with the potential of being contaminated with petroleum or chemical waste products.

Organization Chart of the U.S. Environmental Protection Agency (1 page Adobe pdf file)

 

TAB 3

What To Do

This guide will assist you in determining whether or not you are covered by a particular EPA regulation, and if so how to proceed to come into compliance with the specific regulation.

I. Hazardous Waste

The Resource Conservation and Recovery Act (RCRA) is the Act that mandated the development of hazardous waste regulations. These regulations can be found in 40 CFR 260-280.

If you generate a waste that is toxic, ignitable, corrosive, reactive, or contains a product considered as a health hazard, such as asbestos filling in acetylene cylinders, you must dispose
of such materials in accordance with the regulations of RCRA. Any waste gaseous material you do not recover still contained in cylinders would be considered as waste.

Action to take:

1. Read the section on Hazardous Waste under TAB 4

2. Order from the EPA, the free brochure "Understanding the Small Quantity Generator Hazardous Waste Rules: A Handbook for Small Business," EPA 530-SW-86-019.

3. If you generate more than 1000 kilograms per month of hazardous, then you will come under the general requirements of RCRA as a generator. Call your regional EPA office and ask for information and forms to apply for your generator's identification number and obtain a supply
of Waste Manifest Forms.

II SARA -Title III

This Act, also known as the "Emergency Planning and Community Right-to-Know Act of 1986," is intended to encourage and support emergency planning efforts at the state and local levels. It also aims to provide the public and local governments with information concerning potential chemical hazards present in their communities.

You are covered under this Act if you handle any substance on a list of Extremely Hazardous Substances in excess of a Threshold Planning Quantity. A table of such substances and the
threshold planning quantities are included under TAB 8. If you ( handle specialty gases, industrial gases such as chlorine and ammonia, or store bulk gases in quantities exceeding 10,000 lbs.,
you are covered under this Act.

Action to take:

1. Review all sections under TABs Nos. 5 through 10. 

2. Telephone today, 800-535-0202 or in the Washington, DC metro area, 202-479-2449, and order the following booklets:

a) "The Emergency Planning and community Right-to-Know Act of 1986; Questions and Answers."

b) "The Emergency Planning and Community Right-to-Know Act," EPA 560/4-88-001.

c) "Supplier Notification Requirements," EPA 560/4-89-003.

d) "Common Synonyms for Chemicals Listed Under section 313 of the Emergency Planning Community Right-to-Know Act," January 1988.

e) "Chemicals in Your Community, A guide to the Emergency Planning and Community Right-to-Know Act."

f) "Title III List of Lists, Consolidated List of Chemicals Subject to Reporting Under Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986," January 1988.

3. If you determine that you are required to submit annual inventory and/or Toxic Chemical Release forms, you will want to obtain a supply of Tier I or Tier II inventory forms and Form R for reporting release information.

For those who have not yet reported under SARA, you must not delay in reporting. Under the Act, GAWDA members who produce or store any gas or chemical in quantities greater than the
Threshold Amounts set forth below, must provide and MSDS and Inventory forms on the products to:

1. Local Fire Depts.

2. Local Emergency Planning Committee.

3. The State Emergency Response Commission (see TAB 10)

Threshold (lbs.) Product 10 Hydrogen Selenide
Phosgene 100 Arsine
Chlorine
Diborane
Hydrogen Fluoride
Nitric Oxide
Nitrogen Dioxide
Sulfur Tetrafluoride 500 Ammonia
Boron Trichloride
Boron Trifluoride
Butadiene
Ethylene Oxide
Fluorine
Hydrogen Chloride
Hydrogen Sulfide
Methyl Bromide
Phosphine
Sulfur Dioxide 10,000 Inerts
   Nitrogen
   Argon
   Helium
   Carbon Dioxide
Flammables
   Acetylene
   Butane
   Propane
   Hydrogen
Oxygen



If you maintain an Emergency Response Team to handle on-site spills or leaks for hazardous materials, you must provide them with training which is specified in OSHA regulation 1910.120,
"Hazardous Waste Operations and Emergency Response." Information concerning compliance with this regulation is covered under TAB 11.

Prepare a Facility contingency Plan. A model plan is given under TAB 9. Tailor this plan to reflect conditions at your facility. Add to the plan an MSDS for all chemicals manufactured, handled, stored, and shipped. Submit the plan to the state emergency response commission, the local planning committee, and the local fire department.


III. Underground Storage Tanks (UST's)

If an underground storage tank (any tank containing a regulated substance and is 10% or more beneath the surface of the ground) larger than 1100 gallons holding a petroleum product, or
any size holding a hazardous chemical, you are covered by the EPA Underground Storage Tank regulations.

Action to take:

1. Obtain an EPA notification form 7530-1 from the EPA or your designated state or local agency governing underground storage tanks. See addresses under TAB 10.

2. If you own underground storage tank(s) , consider the advisability of removing the tank(s) Insurance is expensive for UST's and the potential of a tank contaminating the surrounding
earth, and possibly an underground water source, is probably not worth the risk, uninsured or not. In addition, the transfer of Real Property now has contingencies covering liability for UST's.
You must, in most states, apply for a permit to remove an UST.

3. Read the section under TAB 12 covering UST regulations.

TAB 4

HAZARDOUS WASTE (revised 02-93)

There are two federal laws that regulate hazardous waste: (1) the Resource Conservation and Recovery Act (RCRA), which regulates current disposal of hazardous wastes; and (2) the Comprehensive Environmental Response, compensation and Liability Act (CERCLA), which regulates the clean-up of old or abandoned hazardous waste dump sites. CERCLA dump sites are also known as "Superfund" sites. Unless your company has sent hazardous waste to a site that has been identified as a Superfund site, as an GAWDA distributor your main concern will be with RCRA.

Congress delegated the authority to implement and enforce the provisions of RCRA to the Environmental Protection Agency (EPA). The regulations regarding hazardous waste are found in 40 C.F.R. Parts 260- 272.

Under RCRA, there are three types of regulated entities:

1) Generators are those facilities that produce hazardous waste.

2) Transporters are entities that own or operate motor vehicles, railroad cars, or vessels which move hazardous waste from a generator's facility to a disposal site.

3) Treatment, Storage, Disposal or Recycling Facilities (TSDRFs) are entities that own or operate a facility allowed to accept hazardous waste from a generator.

In RCRA, Congress mandated that each shipment of hazardous waste be tracked from its point of origin to its ultimate destination for disposal. The mechanism to accomplish this is the US-EPA Identification Number and the Hazardous Waste Manifest. An EPA ID Number is assigned to all facilities that generate hazardous waste. Transporters and TSDRFs may not accept any hazardous waste from a Generator that does not have an ID Number. In addition, no Transporter or TSDRF is allowed to accept hazardous waste for transport or disposal without a properly
executed hazardous waste manifest. A copy of the Hazardous Waste Manifest form is contained at the end of this Tab Section.

Most importantly, GAWDA distributors should know that even if they are Generators of hazardous wastes, there are lower levels of regulation for Small Quantity Generators (SQGs), and conditional exemptions for Generators that do not produce or accumulate hazardous waste above a certain threshold. Most GAWDA distributors produce hazardous wastes in amounts that allow them to be conditionally exempt from the regulations.

I. The Definition of a Hazardous Waste

Congress defined the term "hazardous waste" in Section 1004(5) of RCRA as a "solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or

2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed."

Note that RCRA defines hazardous wastes in terms of properties of a solid waste. Therefore, if a waste is not a solid waste, as defined in the regulations, it cannot be a hazardous waste. Also note, however, that not all solid waste is truly solid. Many solid wastes, for purposes of RCRA, are liquid, semisolid or gaseous.

Although Congress defined the term "hazardous waste," EPA was required to develop the regulatory framework that would identify those solid wastes that must be managed as solid wastes.

This framework (40 C.F.R. Part 261), specifies that a solid waste is hazardous if it is not excluded from regulation as a hazardous waste and it meets any of the following conditions:

1) Exhibits any of the characteristics of a hazardous waste.

2) Has been named as a hazardous waste and listed as such in the regulations.

3) Is a mixture containing a listed hazardous waste and a nonhazardous solid waste.

4) Is a waste derived from the treatment, storage, or disposal of a listed hazardous waste.

EPA has identified four characteristics for hazardous waste.

Any solid waste that exhibits one or more of these characteristics is classified as hazardous under RCRA:

40 C.F.R. 261.20 through 261.24 defines the properties of wastes exhibiting any or all of the existing characteristics described below.

A. Ignitability

A solid waste that exhibits any of the following properties is considered a hazardous waste due to its ignitability:

EPA's reason for including ignitability as a characteristic was to identify wastes that could cause fires during transport, storage, or disposal. Examples of ignitable wastes include waste
oils and used solvents.

B. Corrosivity

A solid waste that exhibits any of the following properties is considered a hazardous waste due to its corrosivity:

EPA chose Ph as an indicator of corrosivity because wastes with high or low pH can react dangerously with other wastes or cause toxic contaminants to migrate from certain wastes. It chose steel corrosion because wastes capable of corroding steel can escape from their containers and liberate other wastes. Examples of corrosive wastes include acidic wastes and used pickle liquor (employed to clean steel during its manufacture).

C. Reactivity

A solid waste that exhibits any of the following properties is considered a hazardous waste due to its reactivity:

Reactivity was chosen as a characteristic to identify unstable wastes that can pose a problem at any stage of the waste management cycle, e.g., an explosion. Examples of reactive wastes,
include water from TNT operations and used cyanide solvents.

D. EP Toxicity

The term EP toxicity is sometimes confusing because, in addition to referring to a characteristic of a waste, it also refers to a test. The test, called the extraction procedure (EP), is designed to identify wastes likely to leach hazardous concentrations of particular toxic constituents into the ground waster as a result of improper management.

During the procedure, constituents are extracted from the waste in a manner designed to simulate the leaching actions that occur in landfills. The extract is then analyzed to determine if
it possesses any of the toxic contaminants listed in the table below. If the concentrations of the toxic constituent exceed the levels listed in the table, the waste is classified as hazardous.

Constituents and Concentrations
for EP Toxicity

Constituent Concentration  - mg/l Arsenic 5.0 Barium 100.0 Cadmium 1.0 Chromium 5.0 Lead 5.0 Mercury 0.2 Selenium 1.0 Silver  5.0 Endrin 0.02 Lindane 0.4 Methoxychlor 10.0 Toxaphene 0.5 2,4- D 10.0 2,4,5 -TP 1.0

E. Testing for Hazardous Waste Characteristics

The responsibility for determining if a particular solid waste is hazardous falls on the Generators. If a solid waste is neither excluded nor listed, as discussed in the following pages, Generators must either test their waste using standard methods (specified in 40 C.F.R. Part 261) or have sufficient knowledge about their waste to assess whether it exhibits any of the characteristics of a hazardous waste (ignitability, corrosivity, radioactivity, or EP toxicity). If the waste does exhibit one of these characteristics, then it is hazardous and must be handled accordingly.


F. Listinq 0f Hazardous Wastes 

A solid waste is hazardous if it is named on anyone of three lists developed by EPA: 

1) Nonspecific source wastes (40 C.F.R. 261.31) -These are generic wastes, commonly produced by manufacturing and industrial processes. Examples from this list include spent halogenated solvents used in degreasing and wastewater treatment sludge from electroplating processes as well as dioxin wastes, most of which are "acutely hazardous" wastes due to the danger they
present to human health and the environment.

2) Specific source wastes (40 C.F.R. 261.32) -This list consists of wastes from specifically identified industries such as wood preserving, petroleum refining, and organic chemical manufacturing. These wastes typically include sludges, still bottoms, wastewaters, spent catalysts, and residues, e.g., wastewater treatment sludge from pigment production.

3) Commercial chemical products (40 D.F.R. 261.33(e) and (f), also called "p" and "U" list wastes) The third list consists of specific commercial chemical products, or manufacturing chemical intermediates. This list includes chemicals such as chloroform and creosote, acids such as sulfuric acid and hydrochloric acid, and pesticides such as DDT and Kepone.

The most common hazardous wastes generated by GAWDA distributors are:


II. Regulations Applicable to Generators 0f Hazardous Waste

Large Quantity Generators are defined as those facilities that generate:

Small Quantity Generators (SQGs) are defined as facilities that generate:

SQGs who store more than 6,000 kilograms of their waste on-site must meet all large quantity generator requirements. Generators of more than 1,000 kilograms of hazardous waste per
month or 1 kilogram of acutely hazardous waste per month must, as was the case before the amendments, meet the large quantity generator requirements.


A. Conditionally Exempt Small Quantity Generators

A facility that generates less than 100 kilograms per month of hazardous waste and less than 1 kg per month of acutely hazardous waste is "conditionally exempt" from full regulation. The conditionally exempt SQG, however, must still:

Conditionally exempt SQGs who exceed the 100 kg per month hazardous waste cut-off are regulated as a SQG. Conditionally exempt SQGs that generate in excess of 1 kg per month of acutely hazardous waste are regulated as large quantity generators. It is important to note that State classification of generators may be different from those outlined above. Some States regulate all generators of hazardous waste (i.e., there is no exempt category)
and some States classify generators by waste type rather than by volume.

Large and small quantity generators are subject to regulations contained in 40 C.F.R. Part 262. Such regulations require:

One way that EPA monitors and tracks Generators is to assign each generator a unique identification number. without this number the generator is barred from treating, storing, disposing of, transporting, or offering for transportation any hazardous waste. Furthermore, the Generator is forbidden from offering hazardous waste to any Transporter, or Treatment, Storage, or Disposal Facility that does not also have an EPA ID number.

Pre-transport regulations are designed to ensure safe transportation of a hazardous waste from origin to ultimate off-site disposal. In developing these regulations, EPA adopted those used by the Department of transportation (DPT) for transporting hazardous materials (49 C.F.R. Parts 172, 173, 178, and 179 --see the GAWDA DOT Compliance Manual). These DOT regulations require:

B. Accumulation of Waste

In addition to adopting the DOT regulations outlined above, EPA developed regulations that cover the accumulation of waste prior to transport. A Large Quantity Generator may accumulate
hazardous waste on site for 90 days or less as long as the following requirements are met:

The 90-day period allows a Generator to collect enough waste to make transportation more cost-effective; that is, instead of paying to haul several small shipments of waste, the Generator can accumulate waste until there is enough for one big shipment.

If the Generator accumulates hazardous waste on site for more than 90 days, he or she is considered an operator of a storage facility and must comply with the requirements for such
facilities. Under temporary, unforeseen, and uncontrollable circumstances the 90-day period may be extended for up to 30 days by the Regional Administrator on a case-by-case basis.

Small Quantity Generators can store waste on site for up to 180 days, providing certain criteria are met. The on-site quantity of waste cannot exceed 6,000 kilograms at any time. The
facility must have basic safety information, e.g., the telephone number of the fire department and a coordinator for emergency activities. The Generator must also ensure that personnel are
familiar with emergency procedures that must be followed during spills and accidents. The overall safety requirements are set out in 40 C.F.R. 262.34(d). Additionally, Small Quantity Generators
who must transport waste for 200 miles or more for off-site treatment, storage, or disposal, are allowed to accumulate waste for up to 270 days. The Generator must still comply with the
basic safety requirements outlined above.


C. The Manifest

Through the use of a Hazardous Waste Manifest, Generators can track the movement of hazardous waste from the point of generation to the point of ultimate treatment, storage, or disposal. RCRA manifests contain the:

Each manifest must also contain a certification that:

Each time the waste is transferred, e.g., from a Transporter to the designated facility or from a Transporter to another Transporter, the manifest must be signed to acknowledge receipt of
the waste. A copy of the manifest is retained by each link in the transportation chain. Once the waste is delivered to the designated facility the owner or operator of that facility must send a copy of the manifest back to the Generator. This system ensures that the Generator has documentation that the hazardous waste has made it to its ultimate destination.

If 35 days pass from the date on which the waste was accepted by the initial transporter and the Generator has not received a copy of the manifest from the designated facility, the Generator must contact the Transporter and/or the designated facility to det7rmine the whereabouts of the waste. If 45 days pass and the manifest still has not been received, the Generator must submit an exception report (described below).

NOTE: The Uniform Hazardous Waste Manifest issued by the EPA is a minimum requirement imposed by the federal government. States may impose additional or more stringent requirements for hazardous waste manifests. At present, 23 states have their own manifest form that may differ in material ways from the federal EPA form. If you are shipping or transporting hazardous waste, you should use the manifest form of the state in which the destination facility is located. If the destination state does not have its own form, use the EPA form.


D. Recordkeeping and Reporting

The recordkeeping and reporting requirements for generators provide EPA and the States with a method to track the quantities of waste generated and the movement of hazardous wastes. The
generator regulations in 40 C.F.R. Part 262 contain three primary recordkeeping and reporting requirements:

E. Biennial Reporting

Large quantity generators who transport hazardous waste off-site must submit a biennial report to the Regional Administrator by March 1 of each even-numbered year. The report details the
Generator's activities during the previous calendar year and includes:

Small Quantity Generators do not have to file biennial reports. But Generators who treat, store, or dispose of their hazardous waste on-site also must submit a biennial report that contains a description of the type and quantity of hazardous waste the facility handled during the year, and the method(s) of treatment, storage, or disposal used.


F. Exception Reports

In addition to the biennial report, Generators who transport waste off-site must submit an exception report to the Regional Administrator if they do not receive a copy of the manifest signed and dated by the owner or operator of the designated facility within 45 days from the date on which the initial transporter accepted the waste. The exception report must describe efforts made to locate the waste, and the results of those efforts. Small Quantity Generators who do not receive a copy of the signed manifest from the designated facility within 60 days must explain the exception on a copy of the original manifest and send it to the Regional Administrator.


G. Record Retention

The Generator must keep a copy of each biennial report and any exception reports for a period of at least three years from the date the report was submitted. The Generator also is required
to keep a copy of all manifests for three years or until he or she receives a copy of the manifest signed and dated from the owner or operator of the designated facility. The manifest from the facility must then be kept for at least three years from the date on which the hazardous waste was accepted by the initial Transporter. Finally, the records of the waste analyses and determinations undertaken by the Generator must be kept for at least three years from the date the waste was last sent to an on-site or off-site TSDF. The periods of retention mentioned above can be extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the EPA Administrator.


III. Regulations Applicable to Transporters of Hazardous Waste

GAWDA distributors that transport their hazardous wastes to treatment and disposal facilities are both Generators and Transporters for purposes of RCRA. The Transporter regulations were developed jointly by EPA and the Department of Transportation (DOT) to avoid contradictory requirements between the two agencies. Although the regulations are integrated, they are not
contained in the same part of the Code of Federal Regulations (C.F.R.). A Transporter must comply with the regulations under 49 CFR Parts 171-179 (see the GAWDA DOT Compliance Manual) as well as those under 40 C.F.R. Part 263 (Subtitle C of RCRA).

A Transporter under RCRA is defined as any person engaged in the off-site transportation of hazardous waste within the United States, if such transportation requires a manifest under 40 C.F.R. Part 262. This definition covers transport by air, rail, highway, or water. The Transporter regulations do not apply either to the on-site transportation of hazardous waste by Generators who have their own TSDFs or to TSDFs transporting wastes within a facility.

A. Regulatory Requirements for Transporters

A Transporter is subject to a number of regulations:

Without a unique ID number from EPA, the Transporter is forbidden from handling any hazardous waste. Furthermore, a Transporter may not accept waste from a generator unless that
Generator has an EPA ID number.

The Transporter is required to deliver an entire quantity of waste accepted from either the Generator or another Transporter, to the designated facility listed on the manifest. If the waste cannot be delivered as the manifest directs, the Transporter must inform the Generator and receive further instructions, i.e., return the waste or take it to another facility. Before handing
the waste over to a TSDF, the Transporter must have the owner or operator sign and date the manifest. One copy of the manifest remains at the TSDF while the other stays with the Transporter. The Transporter must reta1n a copy of the man1fest for three years from the date the hazardous waste is accepted by the initial Transporter.

The regulations require Transporters to take immediate action to protect health and the environment if a spill or release of the hazardous waste occurs, (i.e., notifying local authorities and/or diking the discharge area.)

When a serious accident or spill occurs, the Transporter must notify the National Response Center (NRC) at 1-800-424-8802.

Specifically, the NRC must be notified when:

Within 15 days of the incident, the transporter must file a report with DOT. If hazardous wastes were involved in the spill, the Transporter must supply a copy of the hazardous waste manifest
and an estimate of the quantity of waste removed from the site, where it was taken, and the disposition of any unremoved waste. Consumer commodities, batteries, and small containers of paint are exempt from the 15-day notification requirement.


B. State Transportation Regulations

In addition to meeting Federal requirements, transporters must also comply with the requirements of each state they travel through. Indeed, the most substantive requirements in the day-to- day business of transporting hazardous waste come from more than 30 States with transportation regulations that differ from the Federal program. Some state programs are significantly more stringent than the Federal program. A number of States require Transporters to post bonds in case of an accident. These differences make it important that GAWDA members consult the transportation regulations of each State they travel through in addition to Federal requirements.

Helpful Environmental Information Numbers (2 page pdf file)

Uniform Hazardous Waste Manifest  (2 page pdf file)

TAB 5

Superfund Amendments and Reauthorization (SARA)
Emergency Planning and Community Right-to-Know Act (EPCRA)

The Superfund Amendments and Reauthorization Act (SARA) was enacted in October 1986. One part of SARA is Title III, which is also known as the Emergency Planning and Community Right-to-Know Act (EPCRA). EPCRA establishes requirements regarding emergency planning and "Community Right-to-Know" reporting on hazardous and toxic chemicals. The Community Right-to-Know provisions help increase the public's knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, can use the information to improve chemical safety and protect health and the environment.

EPCRA has four major provisions:

Emergency Planning (EPCRA Sections 301-303, 40 CFR Part 355)

The emergency planning section of the law is designed to help communities prepare for and respond to emergencies involving hazardous substances. Every community in the United States must be part of a comprehensive plan. The Governor of each state has designated a State Emergency Response Commission (SERC). Each SERC is responsible for implementing EPCRA provisions within the state. The SERC in turn have designated about 3,500 local emergency planning districts and appointed a Local Emergency Planning Committee (LEPC) for each district. The SERC supervises and coordinates the activities of the LEPC.

Any facility that has any of the 300 plus Extremely Hazardous Substances (EHS) at or above its threshold planning quantity (TPQ) currently listed as part of Section 302 must notify the SERC and LEPC within 60 days after they first receive a shipment or produce the substance on site. This list of EHS and their TPQ can be found in the GAWDA EPA Manual behind Tab 8, in column entitled "Section 302 (EHS) TPQ". The facility must notify the LEPC of a facility representative who will participate in the emergency planning process. Upon request from the LEPC, the facility shall promptly provide information to the LEPC necessary for developing and implementing the emergency plan.

Emergency Release Notification (EPCRA Section 304, 40 CFR Part 355)

Facilities must provide immediate emergency notification and a written follow-up to the LEPC and the SERC if there is a release into the environment of a hazardous substance that is equal to or exceeds the minimum Reportable Quantity (RQ) set in the regulation. There are two types of chemicals that require reporting under this section:

Both the EHSs and the CERCLA hazardous substances can be found in the GAWDA EPA Manual behind Tab 8, in columns entitled "Section 304 EHS RQ and CERCLA RQ".

Initial notification can be made by telephone, radio, or in person. In addition, CERCLA spills must also be reported to the National Response Center at (800)-424-8802. Emergency notification requirements involving transportation incidents can be met by dialing 911, or in the absence of a 911 emergency number, calling the local operator.

The initial emergency notification must include the following:

A written follow-up notice must be submitted to the SERC and LEPC as soon as practicable after the release. The follow-up notice must update information included in the initial notice and provide information on actual response actions taken and advice regarding medical attention necessary for citizens exposed.

Hazardous Chemical Storage Reporting Requirements (EPCRA Sections 311-312, 40 CFR Part 370)

Section 311

Under the Occupational Safety and Health Administration (OSHA) regulations, employers must maintain a material safety data sheet (MSDS) for any hazardous chemicals stored or used in the work place. Section 311 requires facilities that have MSDSs for chemicals held above the Threshold Planning Quantities (TPQ) to submit either copies of their MSDSs or a list of MSDS chemicals to:

The TPQ can be found in the GAWDA EPA Manual behind Tab 8, in the column entitled "Section 302 (EHS) TPQ". The federal reporting threshold for hazardous substances not on the list is 10,000 lbs. For EHSs the threshold is 500 lbs or the TPQ, whichever is lower.

The initial submission of the MSDSs or a list of MSDS chemicals was due on October 17, 1987. This is a one-time requirement unless you start using a new chemical or increase the quantity of an existing chemical where the total amount of the product stored on the premises exceeds the threshold planning quantities. New facilities or facilities that bring new chemicals on site above the threshold planning quantities have 90 days to submit their MSDS's or a list of MSDS chemicals to the three agencies. Facilities must also provide a revised MSDS to update the original MSDS if significant new information is discovered about the hazardous chemical.

If the facility owner or operator chooses to submit a list of MSDS chemicals, the list must include the chemical or common name of each substance and must identify the applicable hazard categories. These hazard categories are:

If a list is submitted, the facility must submit a copy of the MSDSs for any chemical on the list upon the request of the LEPC OR SERC.


Section 312

Facilities covered by section 311 must, under section 312, submit an annual inventory report for the same substances. This inventory report (Tier I or II) must be submitted to the SERC, LEPC and the local fire department by March 1 of each year. Most, if not all the states now require the Tier II form. The Tier II instructions and form along with Tier2 Submit Software can be found behind Tab 7 in the GAWDA EPA Manual. Each hazardous substance and EHS that meets or exceeds the TPQ at any time during the prior calendar year must be reported on a Tier I or Tier II report.

The TPQ can be found in the GAWDA EPA Manual behind Tab 8, in the column entitled "Section 302 (EHS) TPQ". The federal reporting threshold for hazardous substances not on the list is 10,000 lbs. For EHSs the threshold is 500 lbs or the TPQ, whichever is lower.

The Tier I report aggregate amounts of materials by hazard category whereas the Tier II form requires specific information by product. The Tier I form include the following aggregate information for each applicable hazard category:

The Tier II report is more detailed and preferred by most agencies. You must gather the same basic information to complete either form. The Tier II forms provide the following information for each substance:

Keep in mind, that your state may require one of these forms be used over the other or even have its own special form. Your state may even have different reporting quantities. Tier forms should be obtained from your SERC. Check with your SERC if you have any questions regarding what form to use or other possible state requirements. If you submitted this report last year, use it as a guide.

Each facility that is owned or operated by the same person must prepare and submit a Tier report for each qualifying facility. Branch operations are considered separate facilities unless they are adjacent.

Section 312 (Con't)
Customer Locations

The owner of bulk installations at a customer site has a duty under EPA regulations to file Tier reports as the owner, or to notify the customer of their obligation to file Tier Form reports for each hazardous chemical that meets or exceeds the TPQ. Bulk installations would normally be liquid storage tanks, but it would also include tube trailers and liquid trailers on the customer site. It is not required to notify customers who merely store gas in supplier-owned cylinders on the customer's property.

If the owner of bulk installations, in tanks or trailers, on the customer's property elects to have the customer file, a good faith effort must be made to notify the customer of the annual inventory reporting requirements. That good faith effort includes the following:

1. Contract Language. All new, reopened, renewed, or modified gas supply contracts must explicitly state the following language:

It is a responsibility of the Buyer to comply with all relevant reporting obligations under the Emergency Planning and Community Right-to-Know Act of 1986, 42.U.S.C.§§11001-11049 (EPCRA, also commonly known as Title III of the Superfund Amendments Reauthorization Act of 1986 (SARA Title III) resulting from the presence of the chemicals supplied under the agreement. Further, it is a responsibility of the Buyer to warn and protect its employees and others exposed to the hazards posed by the Buyer's storage and use of the product.

2. Customer Notification. Industrial gas suppliers must remind their customers by separate mail of the EPCRA reporting obligations the customer may incur from the presence if the chemicals supplied under the agreement, and provide in the reminder a source of EPCRA compliance information such as the EPCRA hotline (1-800-424-9346 or 703-412-9810). The reminder must be mailed to an appropriate customer representative by February 15 of each year. The supplier must also document its efforts to notify its customers of these requirements.

Toxic Chemical Release Inventory (EPCRA Section 313, 40 CFR Part 372)

Toxic Chemical Reporting Guidelines

Facilities in certain industries, which manufacture, process, or use significant amounts of toxic chemicals, are required to complete a Toxic Release Inventory (TRI) report or Form R and submit it to EPA and the state on July 1, each year. The July 1 submission covers releases and other waste management of toxic chemicals that occurred during the preceding calendar year.

What You Need To Do

Determine if your facility manufactures, (including importing), processes, or otherwise uses a listed toxic chemical above the threshold quantities (TQ). This does not apply to facilities that simply bring cylinders of chemicals on site for a period of time, and then reship the cylinder, without any type of processing or repackaging.

See the below list of common listed toxic chemicals that may be found at GAWDA membership companies that must be reported if the reporting threshold and criteria are met. The complete list of toxic chemicals covered by Section 313 can be found in the GAWDA EPA Manual behind Tab 8, in column entitled "Section 313".

Determine if your facility meets the following criteria and must submit a Form R report for each listed toxic chemical on-site above the TQ.

If the above criteria indicate that you must file a Form R for your facility, you should then determine if the facility qualifies for the filing of a Form A. This can be determined as follows:

Submitting Reports

Submissions must be sent to both EPA and the states. If both EPA and the state do not receive a report, the submission is considered out of compliance and subject to enforcement action. State contact help can be found in the "Additional Aids" section at the end of this document. Send reports to EPA by regular mail to:

TRI Data Processing Center
PO Box 1513
Lanham, MD 20703-1513
Attn: Toxic Chemical Release Inventory

Certified mail, overnight mail, and hand-delivered submissions only should be addressed to:

TRI Data Processing Center
C/0 Computer Sciences Corporation
Suite 300
8400 Corporate Drive
New Carrollton, MD 20785

Section 325

Civil and administrative penalties range up to $10,000 - $75,000 per violation or per day per violations when facilities fail to comply with the reporting requirements. Criminal penalties up to $50,000 or five years in prison apply to any person who knowingly and willfully fails to provide emergency release notification. Penalties of not more than $20,000 and/or up to one year in prison apply to any person who knowingly and willfully discloses any information entitled to protection as a trade secret.


Additional Aids

EPCRA TRI (EPCRA 313) call center number is (800) 424-9346
State Contacts http://www.epa.gov/tri/programs/state_programs.htm
http://www.epa.gov/tri/

TAB 6

SARA Title III Fact Sheet

SARA Title III Fact Sheet (5 page pdf file)

This may also be viewed on the web at: http://www.epa.gov/swercepp/factsheets/epcra.pdf 

TAB 7

Inventory Forms, Tier I and Tier II

 

The Tier2 Submit Software can be viewed on the web at: http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/tier2.htm#t2forms

The Tier II Instructions and Tier II Form can be viewed on the web at: http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/tier2.htm#inst

INDUSTRY CLASSIFICATION SYSTEMS

The Standard Industrial Classification (SIC) system is a series of number codes that attempts to classify all businesses by types of products or services. The SIC is being replaced by the North American Industry Classification System (NAICS) to provide for newer industries and reorganize the categories on a production/process oriented basis. The NAICS is a joint effort among the U.S., Canada, and Mexico. Standard Industrial Classification (SIC) codes and the new North American Industry Classification System (NAICS) codes for welding supply distributors and gas manufacturers:

 

Industry Group SIC NAICS Welding Supply Distributor (Other Chemical and Allied Products, Wholesale)516942269 Industrial Gas Manufacturer281332512 Industrial Supplies, Wholesale (Welding Supplies Except Gas)-----421840

 

TAB 8

Consolidated List of Chemicals

 

2001 Title III List of Lists  (105 page Adobe pdf file)

This may also be viewed on the web at: http://www.epa.gov/ceppo/pubs/title3.pdf 

 

TAB 9

Facility Model Contingency Plan

Facility Model Contingency Plan (5 page pdf file)

 

TAB 10

EPA Regional Offices and SARA -Title III State Emergency Response Commission Telephone Numbers

 

EPA Regional Offices and SARA -Title III State Emergency Response Commission Telephone Numbers (2 page pdf file)

 

TAB 11

EMERGENCY RESPONSE PLANNING
(revised 02-93)


Under SARA -Title III, communities in which facilities reside with hazardous chemicals over the Threshold Planning Quantities are required to formulate emergency response plans. In many cases, companies will be requested to assist with the plan, and to set up Emergency Response Teams to assist community teams in handling spills or other emergencies involving hazardous chemicals. On March 6, 1989 OSHA published a Final Rule with direct impact on all chemical emergency response teams. The rule is contained in OSHA regulations 29 CFR §1910.120.

The rule applies to three groups of employees:

1. Those working at various forms of CERCLA sites or equivalent state sites;

2. RCRA hazardous waste facilities; and

3. All chemical emergency response teams, regardless of location of the hazard. This rule became effective, on March 6, 1990.

The rule is very specific about the establishment of a Safety & Health Program, Site Characterization and Site Control, Initial and Refresher Training, and a written Emergency
Response Plan.

Although most distributors will not be involved with this regulation, those storing and shipping ammonia, chlorine, and specialty gases may find themselves required to comply with the requirement to set up in-plant Emergency Response Teams, in which case they will have to comply with the OSHA rule.

Following this introduction is an outline that covers the rule requirements. Please reference TAB 35 of the OSHA manual (Vol. 2) for details regarding the establishment of an Emergency Response Team and a copy of 29 CFR §1910.120 from the Federal Register of March 6, 1989.

 

HAZARDOUS WASTE OPERATIONS
AND EMERGENCY RESPONSE

29 CFR 1910.120

Effective March 6, 1990

Paragraph (Q) Emergency
Response to Hazardous
Substance Releases


Application: Employees engaged in emergency response except for uncontrolled waste site clean-up and TSD facilities

( 1) Emergency Response Plan - In writing

a. Pre-emergency planning with outside parties
b. Personnel roles, lines of authority, training, communication
c. Emergency recognition and prevention
d. Safe distances; place of refuge
e. Site security and control
f. Evacuation routes and procedures
g. Decontamination
h. Medical treatment
i. Emergency alerting and response procedures
j. Critique of response and follow-up
k. PPE; emergency equipment 
l. Emergency response

(2) Procedure for handling emergency response

a. Senior official responding in-charge of Incident Command System
b. Identify all hazardous substances and conditions present
c. Implement appropriate procedures
d. Employees exposed to inhalation hazard must wear positive pressure SCBA
e. Buddy system must be used
f. Back-up rescue personnel and medical equipment ready
g. Safety official designated
h. Decontamination procedures

(3) Personnel

a. Skilled support personnel
b. Specialist employees

(4) Training

a. First responder awareness level -Notifies authorities of the release
b. First responder operation level -Protects persons, property and environment from the release
c. Hazardous materials technicians -Stops the release

(i) 24 hours of training

d. Hazardous materials specialist -Supports technician, site liaison

(i) 24 hours of training

e. On scene incident commander -Assumes control of the scene

(i) 24 hours of training

f. Annual refresher training

(5) Medical Surveillance

a. Baseline physical exams
b. Signs or symptoms of exposure

(6) Chemical Protective Clothing

a. Written plan

(7) Post Emergency Response

a. Training
b. Equipment
c. Pre-planning
d. Decontamination

 

TAB 12

UNDERGROUND STORAGE TANKS
(revised 02-93)


One area of the hazardous waste regulations that is of particular importance to the welding supply distributor relates to Underground Storage Tanks (USTs). An underground storage tank is
any tank, including underground piping, that has at least 10 percent of its volume underground. If a UST contains petroleum products (including gasoline or diesel fuel) or certain hazardous
chemicals (none of which are commonly handled by GAWDA distributors), the owner or operator of the tank must comply with the EPA requirements.

The regulations do not apply to the following types of tanks:

1) farm and residential tanks holding 1,100 gallons or less of motor fuel used for noncommercial purposes;

2) tanks storing heating oil used in the premises where it is stored;

3) tanks on or above the floor of underground areas, such as basements or tunnels;

4) septic tanks and systems for collecting storm water and wastewater;

5) flow-through process tanks;

6) tanks holding 110 gallons or less; and

7) emergency spill and overfill tanks.

EPA has established standards for UST design, construction, installation, release detection, and compatibility of tank and products, and has published requirements for all tank owners and
operators concerning leak detection, recordkeeping, reporting, corrosive action, and closure.

The UST regulatory program is administered jointly by EPA and the states that have adopted regulatory programs that meet EPA standards and have been approved by EPA. In most states, a state agency is primarily responsible for enforcing the UST requirements.

The EPA requirements are divided into two groups: those applying to new tanks, and those applying to tanks that are already underground. A "new tank" is defined as a UST that was
installed after December 1988. 

A. REQUIREMENTS FOR NEW TANKS

There are five basic requirements for the installation of a new tank:

1) The tank and piping must be properly installed according to industry codes and standards (information on applicable industry codes and standards is listed at the end of this Tab Section);

2) The tank must be equipped with devices that prevent spills and overfills (an automatic shut-off valve is the most common) , and must be filled according to correct tank filling
practices;

3) The tank and piping must be protected against corrosion (you may no longer install a bare steel tank underground); 

-- steel tanks and piping may be coated with a corrosion-resistant coating and "cathodically" protected using sacrificial anodes or impressed current (1)

-- tanks and piping may be made of a totally non-corrodible material, such as fiberglass-reinforced plastic, but metal piping connected to non-corrodible tanks requires corrosion protection;

-- tanks and piping may be protected by other EPA-approved methods; or 

-- steel tanks (but not piping) may be protected using a method in which a thick layer of non-corrodible material is bonded to the tank;

4) The tank and piping must be equipped with leak detection systems (see the discussion of leak prevention and detection systems later in this Tab Section); and

5) The owner or operator must notify state or EPA authorities of the newly installed tank (a copy of the notification form is included at the end of this Tab Section).

_____________________________
(1)  Corrosion frequently occurs when a metal UST system and its underground surroundings act as a battery. Part of the UST can become negatively charged and another part of the UST positively charged. 

Moisture in the soil provides the connecting link that finally turns these UST "batteries" on. Then, the negatively charged part of the UST system --where the current exists from the tank or its piping --begins to deteriorate. As electric current passes through this part, the hard metal begins to turn into soft ore, holes form, and leaks begin.

Steel tanks and piping can be protected by coating them with a corrosion-resistant coating and by using "cathodic" protection. Cathodic protection reverses the electric current that causes
corrosion and comes in two forms:

a) "Sacrificial anodes" can be attached to the UST. Sacrificial anodes are pieces of metal more electrically active than the steel UST. Because these anodes are more active, the electric current will exit from them rather than the UST. Thus, the "cathode" of the UST remains protected and free of corrosion while the attached "anode" is sacrificed.

b) An "impressed current" protection system introduces an electric current into the ground through a series of anodes that are not attached to the UST. Because the electric current flowing from these anodes to the tank system is greater than the corrosive current attempting to flow from it, the UST is protected from corrosion.

In addition, steel USTs can also be protected from corrosion if they are bonded to a thick layer of noncorrodible material, such as fiberglass-reinforced plastic. Cathodic protection is not needed with this method of corrosion protection. Also, the corrosion problem can be totally avoided by using tanks and piping made completely of noncorrodible material, such as fiberglass.



B. REQUIREMENTS FOR EXISTING TANKS

Every owner or operator of one or more USTs was required to have notified a designated state agency by May 1986 of each tank's age, size, type, location and use. A copy of the notification
form is included at the end of this Tab section. A listing of the telephone numbers for the responsible agency in each state is contained in Tab 8. If you have not yet notified your state
agency about your tanks, you should do so immediately.

In addition, existinq tanks must comply with all of the requirements for new tanks by December 22, 1998. Any UST system that cannot meet this deadline must close.

C. LEAK DETECTION REQUIREMENT DEADLINES

New USTs must comply with the leak detection requirements immediately, but existing USTs are required to be brought into compliance on a five-year phased-in system.

Age of Tank                    Leak Detection Deadline

25+ or unknown                    Dec. 1989

20-24 years                         Dec. 1990

15-19 years                         Dec. 1991

10-14 years                         Dec. 1992

under 10                             Dec. 1993

Any existing tanks that cannot be brought into compliance by these deadlines must close.

D. LEAK DETECTION MONITORING

1. Leak Detection for Tanks

You must check your tanks at least once a month to determine if they are leaking. You must use one (or a combination) of the following monthly methods of monitoring:

a) automatic tank gauging;
b) monitoring for vapors in soil;
c) interstitial monitoring;
d) monitoring for liquids on the ground water; or
e) other approved methods.

If your tank has been installed underground for less than ten years, you may use another leak monitoring method instead of the methods listed above. For tanks less than ten years old, you may check for leaks by combining monthly inventory control with tank tightness testing every five years. After ten years, you must use one of the approved methods listed above.

2. Leak Detection for Piping

Because most leaks come from piping, you must also have a leak detection system for piping. If piping is pressurized, you must meet the following requirements:

a) the piping must have devices to shut off or restrict flow automatically or have an alarm that indicates a leak;

b) you must either conduct an annual tightness test on the piping or use one of the following monthly methods noted above for tanks: vapor monitoring, ground-water monitoring, interstitial monitoring, or other approved monthly methods.

If your UST has suction piping, the leak detection requirements depend on which type of suction piping is involved.

a) The most commonly used suction piping requires either monthly monitoring (using one of the four monthly methods noted above for use on pressurized piping) or tightness testing of the piping every three years.

b) Another kind of suction piping is safer and does require leak detection. This type of system has two main characteristics: (1) below-grade piping is sloped so that the piping's contents will drain back into the storage tank if the suction is released; and (2) only one check valve is included on each suction line and is located directly below the suction pump.

FOR ADDITIONAL INFORMATION ON LEAK DETECTION METHODS, SEE THE SECTION ENTITLED "STRAIGHT TALK ON TANKS --COMMON QUESTIONS ON LEAK DETECTION" AT THE END OF THIS TAB SECTION .


E. REPORTING AND CORRECTING PROBLEMS CAUSED BY LEAKS


1. Warning Signs

Various warning signals indicate that your UST may be leaking and creating problems for the environment and your business. You can avoid most of these problems by paying careful attention to these warning signals and by taking the appropriate actions.

a) Warnings from Equipment

You should suspect a leak when you discover the following warning signals from equipment:

You need to confirm quickly whether these suspected leaks are real. What at first appear to be leaks may be the result of faulty equipment that is part of your UST system or its leak detection. Double check this equipment carefully for failures. You may simply need to repair or replace equipment that is not working. 

If repair or replacement of faulty equipment does not solve the problem, then you must report this finding to the regulatory authority and conduct tightness tests of the entire UST system. If these tests indicate a leak, you need to report to the regulatory authority and follow the actions for a "confirmed" leak.

(b) Warnings in the Environment

You should also suspect a leak if evidence of leaked petroleum appears at or near your site. For example, neighbors might tell you they have smelled petroleum vapors in their basements or tasted petroleum in their drinking water. You might even discover evidence of environmental damage as you investigate the suspected equipment failures discussed above.

Whenever evidence of environmental damage is discovered, you must take the following actions:

The results of these system tests and site checks will help answer the crucial question: "Is my UST leaking?"

If the answer is yes, then you will need to follow the actions for responding to confirmed leaks.


2. Response to Confirmed Leaks

Your response to confirmed leaks and spills (including overfills) comes in two stages: short-term and long-term.

a) Short-Term Actions

b) Long-Term Actions

Based on the information you have provided, the regulatory authority will decide if you must take further action at your site. You may need to take two more actions:


3. Repairing Leaking Tanks

You can repair a leaking tank if the person who does the repair carefully follows standard industry codes that establish the correct way to conduct repairs.

Within 30 days of the repair, you must provide that the tank repair has worked by doing one of the following: 

Within 6 months of repair, USTs with cathodic protection must be tested to show that the cathodic protection is working properly.

You must keep records for each repair as long as you keep the UST in service.


4. Repairing Leaking Piping

Damaged metal piping cannot be repaired and must be replaced. Loose fittings can simply be tightened, however, if that solves the problem. Piping made of fiberglass-reinforced plastic,
however, can be repaired, but only in accordance with the manufacturer's instructions or national codes of practice. Within 30 days of the repair, piping must be tested in the same ways noted above for testing tank repairs (except for internal inspection).


F. CLOSING UNDERGROUND STORAGE TANKS

USTs may be closed permanently or temporarily.

1. Closing Permanently

If your tank is not protected from corrosion and it remains closed for more than 12 months or you decide to close it permanently, you must follow requirements for permanent closure:

a) You must notify the regulatory authority 30 days before you close your UST.

b) You must determine if leaks from your tank have damaged the surrounding environment. If there is damage, then you will have to take the corrective actions.

c) You can either remove the UST from the ground or leave it in the ground. In both cases, the tank must be emptied and cleaned by removing all liquids, dangerous vapor levels, and accumulated sludge. These potentially very hazardous actions need to be carried out carefully by following standard safety practices. If you leave the UST in the ground, you must also fill it with a harmless, chemically inactive solid, like sand. The regulatory authority will help you decide how best to close your UST so that it meets all local requirements for closure.

2. Three Exceptions to Permanent Closure

The requirements for permanent closure may not apply to your UST if it meets one of the following conditions:

a) If your UST meets the requirements for a new or upgraded UST, then it may remain "temporarily" closed indefinitely as long as it meets the requirements below for a temporarily closed UST.

b) The regulatory authority may grant an extension beyond the 12-month limit on temporary closure for USTs unprotected from corrosion.

c) You may change the contents of your UST to an unregulated substance, such as water. Before you make this change, you must notify the regulatory authority, clean and empty the UST, and determine if any damage to the environment was caused while the UST held regulated substances. If there is damage, then you must take the corrective actions for leaking tanks.

3. Closing Temporarily

Tanks not used for 3 to 12 months must follow requirements for temporary closure:

a) If your UST has corrosion protection and leak detection, you must continue to operate these protective systems. If a leak is found, you will have to respond just as you would for a leak from an active UST. (If your UST is empty, however, you do not need to maintain leak detection.)

b) You must cap all lines, except the ventline, attached to your UST.


G. REPORTING AND RECORDKEEPING

1. Reporting

In general, you will only need to report to the regulatory authority at the beginning and end of your UST system's operating life:

a) When you install a UST, you have to fill out a notification form available from your state. This form provides information about your UST, including a certification of correct installation. (You should have already used this form to identify your existing USTs. If you haven't done that yet, be sure you do so immediately.

b) You must report suspected releases to the regulatory authority (see "Response to Confirmed Leaks" in this Tab section).

c) You must report confirmed releases to your regulatory authority. You must also report follow-up actions you plan or have taken to correct the damage caused by your UST.

d) You must notify the regulatory authority 30 days before your permanently close your UST.

You need to check with your regulatory authority about the particular reporting requirements in your area, including any additional or more stringent requirements than those noted above.

2. Recordkeepinq

You will have to keep records that can be provided to an inspector during an on-site visit that prove your facility meets certain requirements. These records must be kept long enough to
show your facility's recent compliance status in four major areas:

a) You will have to keep records of leak detection performance and upkeep:

-- The last year's monitoring results, and the most recent tightness test.

-- Copies of performance claims provided by leak detection manufacturers.

-- Records of recent maintenance, repair, and calibration of leak detection equipment installed on-site.

b) You will have to keep records showing that the last two inspections of your corrosion protection system were carried out by properly trained professionals.

c) You must keep records showing that a repaired or upgraded UST system was properly repaired or upgraded.

d) For at least 3 years after closing a UST, you must keep records of the site assessment results required for permanent closure. (These results show what impact your UST has had on the surrounding area.)

You should check with your regulatory authority about the particular recordkeeping requirements in your area. Generally, you should follow this useful rule of thumb for recordkeeping: When in doubt, keep it.


H. FINANCIAL RESPONSIBILITY

Under the regulations for petroleum USTs, financial assurance is required to cover both the cost of any required corrective action as well as compensation for any liability to third parties for accidental releases.

Non-petroleum marketers (which includes all GAWDA distributors unless your company also sells petroleum products) that have a tangible net worth of less than $20 million have until December
31, 1993 to comply with the financial assurance rules. ("Tangible net worth" is defined as all tangible assets remaining after deduction of liabilities, but does not include intangible assets such as good will or rights to patents or royalties.) All others must already be in compliance.

The financial responsibility requirements include minimum amounts of coverage for each occurrence and for an annual aggregate of occurrences.

1. Per Occurrence

For petroleum marketers or others who have more than 10,000 gallons monthly throughput in their UST system, the required coverage is $1 million per occurrence. For all others, $500,000 coverage per occurrence is required.

2. Annual Aqgreqate

For owners or operators of up to 100 USTs, the required annual aggregate coverage is $1 million. For owners or operators of over 100 USTs, the requirement is $2 million.

3. Methods of Meetinq Financial Responsibility Requirements

You may use a number of means to meet the requirements for financial responsibility (or the methods may be combined). See also the additional information at the end of this Tab section.

a) Self-insurance. To self-insure, a company must have a tangible net worth of at least $10 million and meet one of two financial tests.

b) Private insurance. A sample policy endorsement is included at the end of this Tab section.

c) State assurance fund. Most, but not all, states have established assurance funds that will pay the cleanup costs of a tank spill and may even pay damages for third party liability. Of course, you must comply with the requirements for participation in the state fund. You should call your state environmental agency to determine if a state assurance fund is available in your state.

d) Risk retention groups. These are private insurance groups for bad risk insureds; the group pays the cost of cleanup and third party liability, and the insureds pay a premium for the extension of coverage.

e) Guarantee. This may be obtained from a related company or a company with whom you have a substantial business relationship. The guarantor must meet one of the financial tests at the end of this Tab Section.

f) Surety bond.

g) Letter of credit.

h) Individual company trust fund.

Notification for Underground Storage Tanks Form (5 page pdf form). This form was updated 9/98. This form may also be viewed on the web at: http://www.epa.gov/swerust1/fedlaws/notify98.pdf 

Industry Codes and Standards for UST Systems (web link)

Straight Talk on Tanks  - Leak Detection Methods For Petroleum Underground Storage Tanks and Piping (32 page pdf file). You may also view this on the web at: http://www.epa.gov/swerust1/pubs/stot97.pdf 

 

 

TAB 13

Land Purchase / Site Notes


What you don't know CAN hurt you, financially!

There are increasing instances where people have purchased real property, only to have a previously unknown hazardous material incident come back to haunt them. These incidents
includes chemicals and petroleum products rising to the surface, leaching out into a near by stream or low area, or appearing in a well, sometimes miles away. If any of these conditions can be traced to your property, you may be assessed for the clean up costs, sometimes running into the millions of dollars.

There are incidents of record whereby buildings have had to be removed from the site to allow excavation of contaminated soil, and removal of unknown underground tanks and buried
drums of waste.

Prior to purchase or lease of a parcel of property, distributors will be well advised to perform a site environmental survey. While this should be professionally done, distributors can generally do much or most of the effort themselves. Real property purchase should be conditional based on a satisfactory environmental survey. 

At a minimum, the broker should provide you with a written evaluation of prior property use. This can be obtained from the real property abstract and from public records. This evaluation should give you an insight to prior land use.

Prior to lease or purchase of real property, the distributor should either have performed, or have the seller perform, an underground soil survey. Depending on the size of the property, this generally consists of a minimum of four test holes. Under your supervision, soil samples and water samples should be taken by the person performing the drilling operation. The samples should be sent to an independent lab for analysis.

Any hint of chemical or petroleum contamination should be cause for concern. If such  contamination exists, a professional evaluation should be made prior to completing land purchase.

Test holes should be made, as a minimum, at the top of the up-grade, at the bottom of the down-grade, in a depression or low area, and near any underground fuel tanks. Depending on
the area, a test hole, water and soil samples, and analysis is generally in the $200 per hole range.

Distributors purchasing property containing underground tanks of any kind will be well advised to consider making that item a matter of the purchase agreement, such as answering the question, "Who will pay for the testing and any site clean up required?" Further, distributors will be well advised to remove underground tanks as soon as such property comes under their control. Refer to the underground tank portion of this section for more information.

TAB 14

STORM WATER DISCHARGE RULES
(revised 02-93)


The U.S. Environmental Protection Agency has issued comprehensive rules for containing storm water runoff from industrial facilities. The reason for the regulations is that storm sewers provide no waste water treatment, and storm runoff from many industrial sites includes hazardous materials or wastes that can pollute surrounding streams and ground water if untreated.

Who is subject to the EPA storm water rules? The EPA rules do not apply to most GAWDA distributor members, but will be applicable to most GAWDA members that manufacture gases, however.

The rules apply to all "storm water discharge associated with industrial activity," where the discharge is into a municipal storm water sewer system or directly into the surrounding streams
or ground water. In the November 16, 1990 Federal Register notice publishing the final rule, the EPA listed by Standard Industrial Classification ("SIC") Code the industries that are included in
the term "industrial activity" for purposes of the requirements.

Companies in SIC Major Group 28, Chemicals and Allied Products, are included in the term "industrial activity." Industry Group 2813, a subgroup of Major Group 28, includes "establishments
primarily engaged in manufacturing industrial gases (including organic) for sale in compressed, liquid, and solid forms." The specific gases listed under Group 2813 are acetylene, argon, carbon dioxide, dry ice (solid carbon dioxide), helium, hydrogen, neon, nitrogen, nitrous oxide and oxygen (compressed and liquid).

But distributors of these industrial gases and establishments primarily engaged in shipping liquid oxygen are classified in Industry Group 5169 under Wholesale Trade--this subgroup is not
included in the term "industrial activity," and therefore these companies are not subject to the EPA storm water rules.

GAWDA has also determined that a distributor that also manufactures acetylene as a sideline does not have to comply with the storm water rules, as the company's primary business determines its status for purposes of the storm water requirements. As long as the company's primary business is not included in the term "industrial activity" the company need not comply with the storm water rules even for a secondary business line that might otherwise be covered.

An individual distributor, however, might be subject to the storm water requirements under another section of the regulations. For example, all companies that have on-site vehicle maintenance facilities are subject to the requirements for the runoff areas surrounding those facilities. In addition, any distributor's facilities for the treatment, storage or disposal of hazardous waste are also subject to the rules.

What must your company do if you are subject to the EPA rules? You must obtain a National Pollution Discharge Elimination System ("NPDES") permit for storm water discharges associated with industrial activity. In 39 states, NPDES permits and compliance enforcement are administered by state environmental agencies; in the remaining states, the federal EPA issues the permits and oversees compliance.

There are three types of permits: (1) an individual permit; (2) a group permit; and (3) a general permit. Individual and group permits require a significant amount of information, and the deadline for applying has passed and EPA is no longer accepting these applications. The general permit, however, applies to all storm water discharges in a particular state or watershed area. To participate in a general permit that has been issued, a company need only send a Notice of Intent to the state environmental agency or EPA, whichever is administering the general permit. 
Although the deadline for submitting Notices Of Intent was October 1, 1992, the agencies are still accepting Notices.

A copy of the general permit application form is available from the regional EPA office or from your state environmental agency. A list of the EPA and state contacts for storm water discharge compliance is available at the following web site: http://www.epa.gov/region08/water/stormwater/nationalcontacts/nationalcontacts.html . 

Once granted, NPDES permits are valid for up to five years.

 

TAB 15

Introduction to The EPA Risk Management Program

(revised 01-99)

 

Introduction to The EPA Risk Management Program (14 page Adobe pdf file)

 

TAB 16

EPA Risk Management Program Requirements



TAB 16 TABLE OF CONTENTS


                                                                                    Section

Introduction to EPA Risk Management Program (same as Tab 15; p 1-9).......1

List of Toxic and Flammable Substances Affected (4 page pdf file)...............2

How Do I Get Out of This? (same as Tab 15; p 9-14) ................................... 3

Basic Awareness Fact Sheet for Small Business (web link)......................... 4

Frequently Asked Questions (web link)......................................................5

Sample Risk Management Plan for Propane (web link).................................6

Contact Information (web address) or (16 page pdf file)..............................7

 

Tab 17

Section 313 (Form R Reporting) Industry Guidance

 

EPCRA Section 313 Industry Guidance "Chemical Distribution Facilities"

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