Environmental Daily Advisor

More on EPA’s Changes to UST Regs

Guest Columnist — Mon, 17 Jun 2013 14:35:02 +0000

Tank Deferrals

Emergency power generators. UST systems storing fuel for use by emergency power generators are deferred from release detection requirements. However, the proposed UST rules remove the deferral and require these UST owners and operators to perform release detection within one year of the effective date of the final rules.

The 1988 UST regulations deferred emergency generator tanks because technology was not available to monitor remote sites. The technology is now available to monitor and detect releases. These systems have releases similar to other regulated UST systems and need to have release detection monitoring.

Now is the time to determine if you are in compliance with the most recent UST regulations! Join us for an in-depth webinar on July 29. Learn More

Wastewater treatment tanks. In addition, the 1988 UST regulations deferred wastewater treatment tanks because of uncertainty of some release detection methods for these systems. EPA believes there are no active systems to which this regulatory requirement will apply. However, if any of these systems do exist, release detection and prevention technologies are available for these systems to prevent and quickly detect releases to the environment.

Field-constructed tanks (FCT) and airport hydrant systems (AHS). EPA’s proposed regulations also remove the deferral for FCT and AHS, but continue to defer aboveground tanks associated with FCT and AHS. The 1988 regulations deferred AHSs and FCTs because sufficient information and technology was not readily available for these unique systems. Technology is now available to monitor and detect releases at alternative leak rates and frequencies.

Release Prevention and Detection

Flow restrictors. USTs may use flow restrictors in vent lines (also called ball float valves) to meet the overfill prevention equipment requirement. This technology has several inherent weaknesses and can result in tanks being over pressurized. The proposed rules eliminate flow restrictors in vent lines as an option for owners and operators to meet the overfill prevention equipment requirement for newly installed UST systems and when flow restrictors in vent lines are replaced.

Internal lining. EPA’s proposed rules require that UST owners and operators must permanently close tanks using internal lining as the sole method of corrosion protection, if the internal lining fails the periodic inspection and cannot be repaired according to a code of practice. The 1988 regulations allowed lining as an upgrade option to extend the life of some tanks. While linings extended the life of many tanks, this is not a permanent solution. As the tank linings fail, these older tanks must be taken out of service to prevent releases to the environment.

Get the latest updates on the recent 2012 UST regulatory changes and learn effective strategies for complying with those requirements. Join us for an in-depth UST webinar on July 29. Register Now

Codes of Practice
The 1988 UST regulations require UST systems to be compatible with the material stored in them. Two codes of practice are referenced in a note. The proposed rule change does not alter that, but rather helps owners demonstrate compatibility with their system. As newer fuels enter the market place, it is even more important for owners and operators to clearly understand how to demonstrate compatibility with these fuels and ensure there are no releases to the environment due to stores fuels being incompatible with UST systems.

EPA’s proposed rules include the following:

Owners and operators to demonstrate compatibility for UST systems storing greater than 10 percent ethanol or greater than 20 percent biodiesel, or any other regulated substance the regulatory agency identifies, by one of these methods:

Listing by a nationally recognized independent testing laboratory
Equipment or component manufacturer approval
Another method the regulatory agency determines to be no less protective of human health and the environment than the other methods

Owners and operators to maintain compatibility records for the life of the equipment or component for all new or replace equipment and for UST systems storing greater than10 percent ethanol or greater than 20 percent biodiesel
EPA removes references to the two codes of practice.
EPA revises definitions of motor fuel and regulated substance.

State Program Approval
EPA plans to update state program approval requirements to implement delivery prohibition, operator training, and additional measures to protect groundwater requirements contained in the EPAct of 2005. These proposed changes ensure states will also update their programs with the increased environmental protections. It provides consistency between federal and state UST regulations. States with program approval will have 3 years to submit a revised state program approval package.

Resources:

Comparison of 1988 UST Regulations and Proposed UST Regulations (October 2011) (Document 138745)
Federal Register Notice – Proposed UST Regulations (November 18, 2011)

How do I make changes to my Title V permit

Guest Columnist — Mon, 17 Jun 2013 13:59:53 +0000

Administrative amendments
Administrative amendments can be initiated by the permitting authority to correct typos or to incorporate the requirements of a SIP-approved construction permit. However, the permittee may also initiate administrative amendments by submitting a request to the permitting authority to change such things as the contact information of someone listed in the permit, the ownership or operational control of the source, or to request an increase in monitoring or reporting frequency as a way to avoid having the permitting authority reopen the permit. The permitting authority must take final action on an administrative amendment within 60 days of the receipt of a request.

Minor modifications
Changes are considered to be minor modifications if they:

Do not violate an applicable requirement;
Do not involve significant changes to existing monitoring, recordkeeping, or reporting;
Do not require a case-by-case emission limit (i.e., RACT, BACT, or MACT);
Do not establish or change a permit condition for which there is no underlying requirement (e.g., establishing a limit of potential emissions to avoid MACT or NSR); and
Are not defined as modifications under NSPS, NESHAPs, PSD, or nonattainment NSR;

Instances when a minor modification is appropriate include increasing allowable emissions, provided a “modification” is not triggered, or when a facility needs to update monitoring parameter ranges. However, changing the monitoring parameter would be considered “significant” and would not qualify as a minor modification.

Minor modifications require the submission of an updated application including a description of the change, emissions resulting from the change, and new applicable requirements. In addition, the permittee should submit a suggested draft permit, and a responsible official must certify that proposed modification meets the criteria of a minor modification. The permitting authority must take action on the application within 90 days of receipt or 15 days after the end of EPA’s 45 day review period, whichever is later.

Significant modifications
Significant modifications are those that do not qualify as an administrative amendment or a minor modification. State Title V regulations establish the criteria for significant modifictions, but at a minimum a significant modification includes:

Every significant change in existing monitoring requirements; and
Every relaxation of reporting or recordkeeping requirements.

Significant modifications must meet all the requirements for Title V applications, public participation, and EPA review. Action on signification modifications can be expected within 9 months.

Reopening for cause.
Typically, a regulatory authority will reopen a Title V permit to incorporate newly applicable requirements, provided there are greater than 3 years remaining on the permit term. Otherwise, the requirements will be incorporated at the time of permit renewal. Permits will not be reopened if effective date of new requirement is later than the date the permit is due to expire. Reopened permits must follow the same procedures required for an initial permit.

Additional Resources:

Timothy P. Fagan is a Legal Editor for BLR’s environmental publications, focusing primarily on air quality related topics. Mr. Fagan has covered environmental developments with BLR since 2000. Before joining BLR, he spent 5 years in environmental consulting and was responsible for air quality permitting and compliance for a broad range of industries in both the private and public sector. He received a Bachelor of Science degree in chemical engineering from Villanova University and a Master’s degree in environmental engineering from the Pennsylvania State University.

EPA’s Proposed UST Rules – Wastewater Treatment Tanks

Guest Columnist — Mon, 17 Jun 2013 11:58:09 +0000

What is a wastewater treatment tank system?

A wastewater treatment tank system is designed to receive and treat influent wastewater through physical, chemical, or biological methods. That means if wastewater flows through a system and is treated in some way, then that system is considered a wastewater treatment tank system. For example, oil-water separators treat wastewater by separating the oil from the water and therefore are wastewater treatment tank systems.

When is a wastewater treatment tank system regulated under the UST regulations (40 CFR 280)?

To determine whether a wastewater treatment tank system is regulated, you need to determine whether the system meets the definition of an UST and whether the system is excluded from the regulations.

Is the wastewater treatment tank system considered an UST system?
Is 10 percent of the wastewater treatment tank system beneath the surface of the ground?
To be considered an UST, the tank, including underground piping, must be 120 percent or more beneath the surface of the ground. The term UST does not include the following systems: septic tanks; surface impoundments, pits, ponds or lagoons; stormwater or wastewater collection systems; flow-through process tanks; or liquid traps or associated gathering lines directly related to oil or gas production and gathering operations.
and
Does the wastewater treatment tank system contain an accumulation of substances covered under the UST regulation? To be considered a UST system, the system must contain an accumulation of regulated substances.
Regulated substances are: petroleum that is liquid at standard temperature and pressure, and CERCLA listed hazardous substances. EPA considers petroleum to be a complex blend of hydrocarbons. Examples of petroleum include motor fuel, jet fuel, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. The UST regulation does not apply to substances such as cooking grease or cooking oil because they are not complex blends of hydrocarbons.

Is the UST system currently excluded? This means that none of the UST regulations will apply to the UST system. The current UST rule excludes:

Any UST system holding hazardous wastes listed or identified under RCRA Subtitle C, or a mixture of such hazardous waste and other regulated substances
Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under the Clean Water Act (CWA) Section 307(b) or 402
Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks
Any UST system with a capacity of 110 gallons or less
Any UST system that contains a de minimis concentration of regulated substances
Any emergency spill or overflow containment UST system that is expeditiously emptied after use

Note that a separate UST used to collect and store regulated substances discharged from the wastewater treatment tank system is currently regulated and will continued to be regulated under the proposed rules.

How is EPA proposing to regulate wastewater treatment tanks systems?

Wastewater treatment tank systems that are part of a wastewater treatment facility regulated under the CWA section 307(b) or 402 will continue to be excluded from the UST regulation
EPA is proposing to remove the deferral for all other wastewater treatment tank systems, which means those systems would be regulated the same as any other UST systems under the current requirements of 40 CFR 280. In addition to the current requirements, EPA’s proposal includes new secondary containment, operator training, and period operation and maintenance requirements.

Stakeholder Comments

Many stakeholders believe additional clarity and guidance are needed to fully evaluate the possible impacts from the proposed removal of the deferral for wastewater treatment tank systems. Stakeholder comments include:

New York DEC commented that EPA should either keep the deferral for wastewater treatment tanks or provide a separate exemption for all oil-water separators.
Dow Chemical Company stated that there may be oil-water separators that are not exempted under the CWA sections 307 or 401. These systems are permitted in accordance with the Safe Drinking Water Act (SDWA) in some states but do not appear to be addressed under the CWA. Therefore under the current EPA proposal it appears that these systems would be regulated by the proposed UST regulations and the SDWA. Therefore, the regulatory exemption should be expanded to include systems that discharge to on-site septic systems that are permitted under the SDWA. In addition, Dow commented that the UST program should not regulate wastewater treatment tanks and oil-water separators that act like ”flow-through tanks.” Also, the oil pollution section of the CWA would regulate the oil collection and storage part of an oil water separator.
Michigan Manufacturers Association (MMA) members have expressed concerned that oil-water separators not permitted under the CWA or SDWA might become regulated under the proposed rule. MMA members report the installation of these types of systems on their storm sewers as a form of secondary containment, as recognized under SPCC, which help prevent the discharge of oil from spills or even such everyday sources as oil in parking lot runoff. Since the system is not required, it would be easier and cheaper to simply remove these systems than bring them into compliance with the proposed rule. In order to promote their continued use and environmental benefit, EPA should continue to defer these types of systems or provide a specific exemption in the proposed rule.

Resources:

Regulations.gov Docket for Proposed UST Regulations

Comparison of 1988 UST Regulations and Proposed UST Regulations

Conclusion
Although EPA downplays the burden and economic impact on owners and operators of systems that were previously deferred from UST regulations, many stakeholders believe these new regulated facilities will face significant financial burdens when the proposed UST rules become final.

Nancy W. Teolis, J.D., has been a Legal Editor for BLR’s environmental law publications since 1993, focusing primarily on underground storage tanks, pesticides, and hazardous waste-related requirements. Before joining BLR, she worked for the law firm Rudman & Winchell in Bangor, Maine, with an emphasis on asbestos exposure litigation. She received her law degree from Western New England University School of Law in Springfield, Massachusetts, and is a member of the Connecticut bar.

nteolis@blr.com

EPA Proposes Changes to UST Regs

Guest Columnist — Mon, 17 Jun 2013 11:22:31 +0000

The comment period has closed and EPA is in the process of meeting with stakeholders and reviewing comments in preparation of a final rule to be published in late 2013.

Proposed changes include:

Adding secondary containment requirements for new and replaced tanks and piping
Adding operating training requirements
Adding periodic operation and maintenance requirements for UST systems
Removing certain tank deferrals
Adding new release prevention and detection technologies
Updating codes of practice
Updating state program approval requirements to incorporate these federal rule changes
Making editorial and technical corrections

Now is the time to determine if you are in compliance with the most recent UST regulations! Join us for an in-depth webinar on July 29. Learn More

Secondary Containment

The Energy Policy Act of 2005 (EPAct) required states to implement additional measures to protect groundwater as a condition of receiving money from EPA. The EPA proposes to implement secondary containment and under-dispenser containment (UDC) to meet this provision. The proposed change will ensure secondary containment and UDC are required for all new and replaced UST systems across the country, including those in Indian country and in state without additional measures to protect groundwater requirements.

Federal regulations require secondary containment and interstitial monitoring for hazardous substance tanks only.

Operator Training

The EPAct required operator training in states that receive money from EPA. The proposed change will ensure that all operators across the country, including those in Indian country and in states without operator training requirements, are trained to prevent releases.

There are no current federal operator training requirements ~ only EPA guidelines in compliance with the EPAct. EPA’s proposed operator training requirements include:

Owners and operators designated at least one individual for each of three classes of operators. Designated operators must be trained on minimum defined areas and may need to be retrained if the UST system is not in compliance.
Owners and operators retain a list of designated operators trained at each facility and proof of training or retraining.
EPA adds definitions for Class A operator, Class B operator, Class C operator, and training program.

Implementation of the federal operator training program would be phased in over three years based on tank installation date.

Get the latest updates on the recent 2012 UST regulatory changes and learn effective strategies for complying with those requirements. Join us for an in-depth UST webinar on July 29. Register Now

Operation and Maintenance

The 1988 UST regulations required equipment to be in place to reduce and prevent releases to the environment. Current rules require triennial cathodic protection testing, periodic internal lining inspections, annual line leak detector testing, and release detection equipment operation and maintenance according to manufacturer’s instructions.

The proposed regulations require UST owners and operators to conduct monthly walkthrough inspections which look at:

Spill prevention equipment
Sumps and dispenser cabinets
Monitoring/observation wells
Cathodic protection equipment
Release detection equipment

The proposed rule changes will ensure owners and operators are looking regularly at their equipment to catch problems early and prevent releases.

Resources:

Comparison of 1988 UST Regulations and Proposed UST Regulations (October 2011) (Document 138745)
Federal Register Notice – Proposed UST Regulations (November 18, 2011)

See tomorrow’s Advisor to find out more details on the remaining proposed UST rules.

What’s In a Waste Analysis Plan

Kelly Lagana — Fri, 14 Jun 2013 18:25:30 +0000

To that end, the WAP must contain all information necessary to treat the waste(s) in accordance with the requirements of 40 CFR Part 268, including the selected testing frequency. Regulations at 40 CFR 264/265.13(b) and (c) spell out the information that must be included in the WAP. Components of the WAP are as follows:

The parameters for which each hazardous waste, or nonhazardous waste if applicable under 40 CFR 264/265.113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis of these parameters will provide sufficient information about the waste’s properties as specified).
The methods that will be used to test/analyze these parameters.
The method that will be used to obtain a representative sample of the waste to be analyzed.
The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate, up to date, and representative of the waste over time.
For off‐site facilities, the waste analyses that hazardous waste generators have agreed to supply.
For permitted TSDFs, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in RCRA regulations (e.g., 264.17, 264.314, and 264.341).
For interim‐status TSDFs and activities, where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as indicated in RCRA regulations (e.g., 265.200, 265.225, and 265.252).
For surface impoundments exempted from LDRs, the waste analysis procedures and schedules required by 264/265.13(b)(7).
For owners and operators seeking an exemption to the air emissions standards of Subpart CC in accordance with 264.1082 or 265.1083, the information specified in 264/265.13(b)(8).
For off‐site facilities, the procedures that will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:

The procedures that will be used to determine the identity of each waste managed at the facility, and
The sampling method that will be used to obtain a representative sample of the waste to be identified if the identification method includes sampling.
The procedures that the owners or operators of an off‐site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste container.

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Other Points Regarding WAPs

If a waste exhibits a hazardous waste characteristic, the generator or TSDF must determine whether the hazardous waste contains underlying hazardous constituents (UHCs) (there are no UHCs for listed waste). A UHC is any constituent listed in 268.48, Table UTS—Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent‐specific UTS treatment standards (268.2).
Under the manifest and LDR programs, generators of hazardous waste must provide the TSDF with waste analysis information, the applicable RCRA codes (e.g., K061), and the applicable LDR treatment standards. The TSDF should also be provided with a description of the process that generated the waste. Similarly, a treatment facility must provide waste analysis information (including any information supplied by the generator as well as waste analysis data developed by the facility before and after treatment) to any off‐site storage or disposal facility receiving the waste.
Waste analysis information can be acquired by either collecting a representative sample and conducting laboratory analysis or by using published data and generator knowledge of the waste-generating process (known as acceptable knowledge, generator knowledge, or process knowledge). Acceptable knowledge can include, but is not limited to:

Process knowledge, whereby detailed information about the wastes is obtained from existing published or documented waste analysis data or studies conducted on hazardous wastes generated by processes similar to that which generated the waste; or
Data from analysis or testing performed by the generator; or
In cases of newly listed wastes, data from recent waste analyses performed before the effective date of the listings.

Regulations establish more robust waste analysis requirements for TSDFs that may have process‐related permit requirements that exceed generator determinations. At all times, the owners and operators of TSDFs are responsible for obtaining sufficient information required for compliance regardless of the completeness or quality of any information received from the generator or other parties.
TSDF WAPs should include criteria for preacceptance screening to avoid accepting waste the TSDF is not permitted to handle. Typically, generators are required to submit a waste profile sheet with the waste shipment. Waste acceptance procedures can also include laboratory or field sampling or rapid qualitative observations, also called fingerprinting, such as visual identification of color or number of phases (e.g., water or solid).
Waste acceptance procedures should also address metal concentrations in a highly variable wastestream to document compliance with permitted feed rates. This type of acceptance sampling could require sophisticated analysis using laboratory methods.
Waste analysis based on acceptable knowledge may be used for both preacceptance profiling and to meet permit requirements. However, the EPA cautions that acceptable knowledge is generally appropriate only under well-defined circumstances; for example, the processes that generate a waste and the waste’s hazardous constituents are well documented; the wastes are discarded, unused commercial chemical products; and health and safety risks prohibit laboratory sampling. In other cases, a combination of laboratory analysis and process knowledge may be appropriate, for example, with construction debris. “All available information must be considered and weighed in making a knowledge-based hazardous waste classification,” states the EPA. Accordingly, use of acceptable knowledge should be accompanied by supporting documentation, including but not limited to safety data sheets (SDSs) or previous test data for other locations managing the same type of waste.

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The bottom line is that accurate identification of hazardous waste is one of the most important tasks for generators and TSDFs. Generators who are not familiar with RCRA waste determination requirements should make it a priority to learn the appropriate federal and/or state regulations; speak with personnel at the site and compile paperwork to develop a collective knowledge of generating processes and potential wastes; and develop a system for staying abreast of regulatory changes.

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Preparing for Summertime Emergencies

Kelly Lagana — Fri, 14 Jun 2013 15:54:46 +0000

What’s the Plan?

If you’ve not done so recently, be sure to review your facility’s emergency plan with all your employees. Explain how you will notify employees about plant closings and provide other critical information before, during, and after an emergency. Give them the opportunity to ask questions about anything that is unclear about the plan or any emergency procedures they don’t understand. Remind them that it is the time to ask questions and resolve uncertainties. There won’t be time to find out when a real emergency strikes. Also be sure all trainees understand their emergency duties. Carefully explain any unfamiliar duties they will be expected to assume in a crisis.

Preparing for the Worst

Be sure to cover the worst-case scenario, not to scare trainees, but to prepare them for the potential devastation. They need to be ready to deal with crisis-related difficulties such as:

Power outages
Downed phone lines resulting in the loss of land-based communication
Lack of safe drinking water
Impassable roads
Gasoline shortages
Food shortages
Gas main breaks and resulting fires
Sewer line breaks creating the risk of disease
Structural damage to the facility

Damage to or destruction of homes and personal property

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When to Go and When to Stay

You also need to review evacuation and other emergency action procedures. In some weather emergencies, there may be very little advance warning, and minutes will count. Employees need to know how to act swiftly, calmly, and purposefully. Make sure your trainees know:

Emergency evacuation routes from their work areas and other parts of the facility
Evacuation duties, including shutting down equipment, securing the facility, assisting in the evacuation of coworkers, etc.
Where to evacuate during a weather emergency
Procedures for sheltering in place if conditions outside the facility make evacuation impossible

Stock Up on Emergency Supplies

Whether trainees are at work or at home when a weather emergency strikes your area, they need to have necessary emergency supplies on hand to see them through the crisis. Critical emergency supplies include:

Emergency food and water
Adequate supplies of medicines and first-aid materials
Hygienic supplies; soap, clean clothes and towels, disinfectants, etc.
Cell phones and rechargers
Flashlights with extra batteries
Portable battery-operated radios
Blankets

What You Don’t Know About RCRA’s Waste Analysis Requirements

Kelly Lagana — Fri, 14 Jun 2013 14:17:58 +0000

In addition, owners and operators of RCRA-permitted transfer, storage, and disposal facilities (TSDFs) may also be required to develop and use WAPs if the generator does not provide the TSDF with a complete and up-to-date waste analysis.

Here is a review of the key requirements and considerations associated with RCRA WAPs.

WAP requirements have been established to ensure that hazardous waste identification and analysis is a rigorous and, when necessary, an iterative process. Raw materials used by industry change over time as do the processes that generate hazardous waste. Consequently, RCRA regulations are revised to amend the definitions of hazardous waste and how specific sectors and processes are regulated. Also, the methods for detecting concentrations of hazardous waste are continually refined. Considering these factors, a WAP that was state-of-the-art 10 or even 5 years ago may be out-of-date today.

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Moreover, a WAP that is ill-equipped to analyze hazardous waste constituents can result in more than misinformation. The Agency states: “Because accurate waste identification is such an important factor for demonstrating compliance with RCRA, misidentification can present a safety hazard and may subject your facility to enforcement actions for violations of permit conditions, LDR [land disposal restriction] requirements, annual reporting, and other RCRA requirements. In addition, accurate waste analysis may be critical for meeting some of the requirements of other regulatory programs such as effluent discharges under the Clean Water Act and hazmat requirements regulated by the Department of Transportation.”

In reviewing EPA’s WAP requirements, bear in mind that the Agency’s RCRA regulations are minimum national requirements. States with RCRA implementation authority are entitled to set regulations that are more stringent than the federal baseline. As with all RCRA regulations, managers are strongly advised to check with their state solid waste offices to determine if they are subject to WAP requirements above and beyond the federal provisions.

When is a WAP Needed?

WAPs are most closely associated with the federal LDRs, which are concentration and/or treatment standards that RCRA hazardous wastes must meet before they can be disposed of on land. Specifically:

If a generator determines that the waste is hazardous (that is, it is a listed waste or it meets one or more hazardous waste characteristics) and if the generator reaches the LQG or SQG poundage thresholds, the generator must then determine if the waste satisfies all LDR standards.
If the LDRs have been satisfied, the waste may be sent to a TSDF, and no WAP is required.
If the LDR standards have not been met, the waste is prohibited. The generator may then treat the waste on-site to come into compliance with the LDRs.
If the waste is treated on-site in a regulated tank, container, or containment building to meet the LDRs, the generator must prepare and follow a WAP.
Once the generator determines through the WAP that the LDRs for the hazardous waste have been met through treatment, the waste may be sent to a TSDF with the required LDR notice/certification.
If treatment renders a characteristic waste nonhazardous, the notification/certification must be prepared and kept in the generator’s on-site files. The notification/certification must be updated if the process or operation generating the waste changes and/or if the Subtitle D (municipal or solid waste) facility receiving the waste changes.
If the generator does not treat the waste and decides to ship it to a TSDF, the TSDF must then conduct treatment to achieve the LDR standards according to a WAP. A WAP must also be applied if the TSDF learns or has reason to believe that the process or operation generating the hazardous wastes has changed or if the waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
For LQGs and TSDFs, the WAP must also determine if organic air emissions from process vents, equipment leaks, tanks, containers, and surface impoundments exceed an average volatile organic concentration of 500 parts per million by weight, and, therefore, emissions controls are required.

See tomorrow’s Advisor to find out what should be in your facility’s Waste Analysis Plan.

Basic Elements of a HAZWOPER Health and Safety Plan

Kelly Lagana — Thu, 13 Jun 2013 15:37:05 +0000

6. Monitoring (29 CFR 1910.120(h))

Since site monitoring data are the basis for selecting many of your exposure controls, generating accurate and complete data is critical and must be addressed in HASP. Your HASP must identify how often monitoring will be conducted and the method and equipment for each contaminant. HAZWOPER requires monitoring during initial site entry (see #1 from yesterday’s Advisor) and periodic monitoring during site operations.

Periodic monitoring must be conducted when there is the possibility of an immediately dangerous to life or health (IDLH) condition, a flammable atmosphere, or when employee exposures may have risen above published values (Occupational Safety and Health Administration (OSHA) permissible exposure limits (PELs), National Institute for Occupational Safety and Health (NIOSH) RELs, ACGIH TLVs®) since prior monitoring). For example, periodic monitoring must be conducted when:

Site conditions change (new tasks, locations, or hazards).
New operations are started (such as drum opening after exploratory drilling).
Leaky containers are handled.
Work is conducted in areas with obvious liquid contamination.

Now is the time to determine if you are in compliance with the most recent UST regulations! Join us for an in-depth webinar on July 29. Learn More

You must monitor the breathing zones of employees who have the highest potential exposure(s). If their exposures meet or exceed published values, you must monitor all employees likely to be exposed over those published limits. Your HASP must also indicate the airborne concentrations at which you reevaluate your site’s engineering controls, work practices, and personal protective equipment (PPE).

Calibration and maintenance schedules, as per manufacturers’ recommendations, should also be maintained. You must take lab-analyzed samples and compare your real-time readings to the laboratory results. You may want to consult with an accredited laboratory to determine proper analytical sampling procedures. Results of personal sampling are considered employee exposure records.

7. Handling Drums and Containers (29 CFR 1910.120(j))

If you have drums or containers on your site (buried or aboveground) and you plan to move them, you must (1) inspect them BEFORE movement, (2) move them sparingly, and (3) stage them carefully. If drums or containers could create a major spill, you also need to develop a spill containment program. Employees inspecting drums must evaluate the integrity of the container. Employees should also locate and interpret important label information and assume the worst if a label does not exist. Drums in staging areas should be arranged to allow employees easy access and egress. Drum opening and sampling operations must be isolated if the contents are unknown. If spills, leaks, or ruptures may occur, you must provide proper training and containment equipment to personnel who will control and contain spilled material. You also must stock equipment such as salvage drums or containers, absorbent material, shovels, and PPE for spill response. All containers transported off-site must have proper Department of Transportation (DOT) labels, bills of lading, etc.

Shock-sensitive wastes must be treated with special precautions, including evacuating all nonessential employees. There must be the availability of continuous communications between the employee in charge of the handling area, the site health and safety supervisor, and the command post. Any container or drum showing signs of pressure buildup, such as bulging or swelling, cannot be moved until the source of the pressure is found and relieved. Lab waste packs must be opened only when necessary and only by knowledgeable personnel. If crystalline material is found in the lab pack(s), it must be treated as shock-sensitive material until proven otherwise. Tanks and vaults containing hazardous substances must be handled similar to drums and containers, taking into account the size of the tank or vault. If tanks or vaults will be entered, appropriate entry procedures must be identified in HASP and be followed by employees conducting the entry.

8. Decontamination (29 CFR 1910.120(k))

Decontamination procedures address how employees’ contact with contaminants or contaminated equipment (including PPE) will be minimized. Your HASP must include written decontamination procedures that address this goal, eliminate the movement of contaminants to clean areas, and prevent mixing of incompatible substances. Decontamination procedures must be appropriate for the contaminants present, for the equipment, and PPE used on-site. In addition, you must evaluate the effectiveness of the decontamination procedures you implement. One way to evaluate your procedures is to collect samples from key surfaces and analyze them for site contaminants. Samples should be collected from the surfaces of decontaminated reusable PPE, heavy equipment, and “clean” areas such as break and changing rooms.

Your HASP should also identify how disposable PPE and site decontamination waste will be discarded and how reusable PPE will be cleaned and placed back in service. If you use a commercial laundry or cleaners, they must be informed of the potential effects of the hazardous substances.

9. Emergency Response by Employees at Uncontrolled Hazardous Waste Sites (29 CFR 1910.120(l))

You must have a written emergency response plan (ERP) that identifies the actions employees will take if fire, personal injury, chemical release, or other emergencies occur on the site. The items needed to be included in your ERP are listed in paragraphs (l)(2) and (l)(3) of HAZWOPER. The ERP must be tested and critiqued regularly.

If your plan is to rely on local emergency response organizations such as the fire department, you must contact them and explain your response needs. If they cannot provide the services you need, you must retain a service provider who can. Even if you have an on-site hazmat team, you must coordinate your ERP with the local response plan, including incident reporting procedures. The ERP must contain information on the following topics:

Personnel roles, lines of authority, training, and communication
Employee recognition and prevention of emergencies
Safe distances and places of refuge
Site security and control in the event of an emergency
Evacuation routes and procedures, including site topography, layout, and prevailing weather conditions
Emergency decontamination procedures not covered elsewhere in HASP
Emergency alerting and response procedures, including PPE and emergency equipment

Rather than an ERP, you may also choose to evacuate your employees and follow an emergency action plan developed in accordance with 1910.38(a). Choosing this option requires that you provide an emergency action plan and integrate the plan with the local response plan as a separate part of your HASP.

Get the latest updates on the recent 2012 UST regulatory changes and learn effective strategies for complying with those requirements. Join us for an in-depth UST webinar on July 29. Register Now

10. Illumination and Sanitation at Temporary Workplaces (29 CFR 1910.120s(m) and 29 CFR 1910.120s(n))

You must provide suitable lighting, potable water, and toilet facilities. When work operations are expected to exceed 6 months, you must also provide showers and change rooms. Site illumination levels must meet the minimum illumination levels provided in Table H-120.1 in paragraph (m). Adequate potable water with proper dispensers must be maintained on-site. Showers and change rooms must meet OSHA requirements in the Sanitation standard at 29 CFR 1910.141. Site water sources must be labeled as either potable or nonpotable. Adequate toilet and hand-washing facilities must also be provided.

11. New Technology Programs (29 CFR 1910.120(o))

OSHA requires that you have procedures for evaluating technological innovations that could provide more effective protection to your employees. Manufacturers’ literature can be a useful source of information. Before you implement the use of new technologies, equipment, or control measures on a large scale, however, ensure that they offer the protection you anticipate.

Spill Kit DIY

Kelly Lagana — Tue, 11 Jun 2013 15:52:14 +0000

But if you are looking to make your own spill kit on the cheap, you will likely save a fair bit of money by purchasing your own garbage can or covered pail and then separately purchasing gloves, coverall, sorbents and other equipment. You will want to keep extra supplies on hand and restock your spill kit immediately after each use.

Contents of a Spill Kit

A spill kit usually contains two or three types of equipment. First is protective clothing or personal protective equipment (PPE). The second is equipment used to clean up the spill. Third, some kits include equipment to stop leakage.

The contents of a spill kit will vary depending upon the type of material that has been spilled and the size of the spill.

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Small Spill Kits

A small spill kit should contain at least the following elements:

Gloves;
Sorbent; and
A container to collect and store the cleanup material.

It might also be helpful to have a whisk broom, a dust pan, and a heavy duty plastic bag to line your collection container. By keeping it clean you may be able to reuse it. All of this should easily fit inside a 5-gallon, covered, plastic pail. The pail should be labeled so anyone can clearly identify it as a spill kit. The cover should be placed loosely on top to keep the contents dry and clean, but the pail should be easy to open.

Large Spill Kits

A large spill kit should contain the following elements:

Protective clothing for two people. Larger spills should be cleaned up by at least two people. Protective clothing could include coveralls or a Tyvec® suit, gloves, boot covers, goggles or safety glasses and duct tape. Use common sense to determine the level of danger and if other gear (i.e. helmets or steel-toe boots) or outside assistance is needed.

Try to imagine the worst case scenario and plan accordingly. This will help you to address problems before they happen and to have the materials on hand for the totally unexpected. If spills into secondary containment are likely, a pump might be needed to suck the spills dry. Plugs and patching material may be needed if a forklift accidentally punctures a drum of oil. A sufficient number, type and size of sorbents should be available to clean up the size of spill that is likely to occur at your facility.

When a cleanup is needed it may be helpful to have extra drums on hand. You can then transfer the oil from a damaged drum to a good container. Also, over pack drums are available. They are a little bigger than a 55-gallon drum and the damaged or leaking container may be put inside the over pack drum. The larger containers may also be used to hold sorbents after they have soaked up the oil.

Many spill kits are made using a drum or over pack container. All of the PPE and spill cleanup materials may be stored in the large container until needed.

Don’t risk an EPA fine! Stay in compliance with our EHS Essentials Kit—SPCC Plan Compliance. Download now for instant access to comprehensive checklists, common violations, training materials, forms, and more. For a limited time, only $99.00. (Save $50 off list price!) Download Now

Tips for Packing a Spill Kit

Small spill kits should be packed with plastic bags in the bottom, sorbents in the middle, and protective clothing (i.e. gloves and safety glasses) on top. The first thing you’ll use is the protective clothing so make sure you can see it and get to it quickly as soon as the kit is opened.

Large spill kits are packed similarly, with the protective clothing on top. Due to the size of larger containers, some special considerations should be taken when packing the additional equipment. Put sorbents and tools in large, sturdy, plastic bags so that the top of each bag can be reached without dumping the kit on its side or reaching way into the drum. Sorbent socks will be needed first to stop the flow of oil, so they should be packed right under the PPE. The remaining sorbents, whether pads, pillows, or loose, should be packed next. A shovel (there are collapsible models), broom and extra plastic bags should be packed toward the bottom of the kit.

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BMPs for Spill Response

Kelly Lagana — Mon, 10 Jun 2013 15:51:20 +0000

To protect the environment and your business, you should establish a work routine that eliminates as many opportunities as possible for accidentally spilling oil and mixtures of oil.

BUT, no matter how hard you try, accidental spills can still happen, and you and your workers should be prepared to respond to them quickly, safely, and effectively.

If applicable, make sure you have a spill prevention plan that is current and that everyone working at your facility understands that plan.

Not sure if your facility operations require you to write and maintain a Spill Prevention, Control, and Countermeasure (SPCC) Plan? See this Environmental Daily Advisor article to find out.

Here are some best management practices (BMPs) for spill response you should know about:

Keep a list of emergency telephone numbers by your telephone, and post a list of things to do when a spill occurs.
Clean up spills right away!
Eliminate the source of the spill,
Take action to keep the spill from spreading, and
Remove and properly dispose of all spilled and contaminated material.
Keep spill sorbents (material to soak up the spill) and a "spill kit" in each area where fluids are handled and stored.
Sorbents contaminated with oil usually can be disposed of with the regular trash. Sorbents contaminated with gasoline should be disposed of as a hazardous waste, unless testing proves otherwise.
Minimize the amount of contaminated sorbent you toss out.
Do not hose contaminated granular sorbents with water. Shovel or sweep the granular absorbent from the spill area and place it in a proper disposal container.
Report all petroleum spills in accordance with EPA and your state’s reporting requirements.

Sorbent-Saving Tips [image: papertowels]

Would any of these ideas work for your facility?

Use a squeegee and dustpan to pick up small spills.
Use reusable sorbents, such as special pads or socks that can be wrung out and reused.
Use clumping granular sorbent–sift out the clumps, and reuse the leftover uncontaminated granular material to clean up other spills.

Where to Purchase Spill Kits

Spill kits may be purchased through many supply catalogs, industry warehouses, or you can make your own. Ready-made kits may range in price from $30.00 for a 5-gallon pail, to $300.00 for a basic drum kit. You will likely save a fair bit of money by purchasing your own garbage can or covered pail and then separately purchasing gloves, coverall, sorbents, and other equipment. You will want to keep extra supplies on hand and restock your spill kit immediately after each use.

Want to make your own? See tomorrow’s Advisor for tips to putting together a low-cost spill kit.