EPA Mandates Bulk Storage Container Inspection

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1 Volume XVIII No. 2 Febuary 1, N Fine Ave. Suite 101, Fresno, CA Phone/Fax (559) pacmansot@pacificmgt.com Website: EPA Mates Bulk Storage Container Inspection The inspection requirements of the SPCC rule are designed to detect oil leaks, spills, or other potential integrity or structural issues before they can result in a discharge of oil to navigable waters of the U.S. or adjoining shorelines. Regularly scheduled inspections, evaluations, testing of bulk oil storage containers by qualified personnel are critical parts of discharge prevention. A container integrity inspection /or testing program may involve one or more of the following: an external visual inspection of containers, foundations supports; non-destructive testing (examination) to evaluate integrity of certain containers; additional evaluations, as needed, to assess the containers fitness for continued service. The type of inspection program its scope will depend on site-specific condition the application of good engineering practices this can be accomplished by applicable industry stards. What oil storage containers do I have to inspect at my facility? Conduct integrity testing routinely inspect the following aboveground bulk storage containers with a capacity of 55 gallons or more: Large (field-constructed or field-erected) small (shop-built) bulk storage containers See Backpage for SOT QuickTakes Pacific Management Services Containers located on, partially in (partially buried, bunkered, or vaulted tanks), off the ground wherever located Double-walled containers Oil filled equipment is not a bulk storage container, therefore, not subject to the integrity testing requirements of the SPCC rule. How do I inspect aboveground bulk storage containers? The SPCC rule requires that you: Test or inspect each container for integrity on a regular schedule whenever you make material repairs Frequently inspect the outside of the container for signs of deterioration, discharges, or accumulation of oil inside diked areas. This visual inspection is intended to be a routine walkaround include the container s supports foundations. Identify in your SPCC Plan the type frequency of testing inspection for each container the appropriate qualifications of personnel performing the tests inspections. You must retain monthly annual testing inspection records for 3 years. Formal test records or reports should be retained for the life of the container. Integrity testing is required for all aboveground bulk storage containers located at onshore facilities (except oil production facilities). Integrity testing is necessary to determine if the container (e.g. a tank) is suitable for continued use until the next formal inspection. Depending on the type of container, integrity testing may be as simple as an external visual inspection or may involve more complicated methods of nondestructive testing such as Magnetic Flux Legal Corner: (40 CFR 112) 112.8(c)(6), (c)(6)(i) T est or inspect each aboveground container for integrity on a regular schedule whenever you make material repairs. You must determine, in accordance with industry stards, the appropriate qualifications for personnel performing tests inspections, the frequency type of testing inspections, which take into account container size, configuration, design (such as containers that are: shop-built, field-erected, skid-mounted, elevated, equipped with a liner, double-walled, or partially buried). Examples of these integrity tests include, but are not limited to: visual inspection, hydrostatic testing, radiographic testing, ultrasonic testing, acoustic emissions testing, or other systems of non-destructive testing. You must keep comparison records you must also inspect the container s supports foundations. In addition, you must frequently inspect the outside of the container for signs of deterioration, discharges, or accumulation of oil inside diked areas. Leakage (MFL) or ultrasonic thickness (UT) measurements, vacuum box testing, weld inspection in order to adequately assess the container condition. While trained facility personnel can often complete frequent external visual continued on page 2 (Bulk Storage Containers)...

2 Febuary 1, Page 2 New Hazard Communication Stard to Cost Businesses $97 Million In order to ensure chemical safety in the workplace, information about the identities hazards of the chemicals must be available understable to workers. OSHA s Hazard Communication Stard (HCS) requires the development dissemination of such information. Chemical manufacturers importers are required to evaluate the hazards of the chemicals they produce or import, prepare labels safety data sheets to convey the hazard information to their downstream customers. All employers with hazardous chemicals in their workplaces must have labels safety data sheets for their exposed workers, train them to hle the chemicals appropriately. Major changes to the Hazard Communication Stard Hazard classification: Provides specific criteria for classification of health physical hazards, as well as classification of mixtures. Labels: Chemical manufacturers importers will be required to provide a label that includes a harmonized signal word, pictogram, hazard statement for each hazard class category. Precautionary statements must also be provided. Safety Data Sheets: Will now have a specified 16-section format. Information training: Employers are required to train workers by December 1, 2013 on the new labels elements safety data sheets format to facilitate recognition understing. What is the Globally Harmonized System? The Globally Harmonized System (GHS) is an international approach to hazard communication, providing agreed criteria for classification of chemical hazards, a stardized approach to label elements safety data sheets. The GHS was negotiated in a multi-year process by hazard communication experts from many different countries, international organizations, stakeholder groups. It is based on major existing systems around the world, including OSHA s Hazard Communication Stard the chemical classification labeling systems of other US agencies. The result of this negotiation process is the United Nations document entitled Globally Harmonized System of Classification Labeling of Chemicals, commonly referred to as The Purple Book. This document provides harmonized classifica- tion criteria for health, physical, environmental hazards of chemicals. It also includes stardized label elements that are assigned to these hazard classes categories, provide the appropriate signal words, pictograms, hazard precautionary statements to convey the haz- ards to users. A stardized order of information for safety data sheets is also provided. These recommendations can be used by regulatory authorities such as OSHA to establish matory requirements for hazard communication, but do not constitute a model regulation. Why did OSHA decide to modify the Hazard Communication Stard to adopt the GHS? OSHA has modified the Hazard continued on page 3... Bulk Storage Containers continued from page 1... inspections, the requirement to conduct regular integrity tests or inspections may involve hiring specialized personnel (as specified by the applicable industry stard). The Spill Prevention, Control Countermeasure Plan establishes the inspection schedule for each facility. How do I inspect mobile or portable bulk storage containers? Industry stards (such as STI SP001) refer to specific conditions for which visual inspection alone is an appropriate method for verifying the integrity of certain smaller shop-built containers (e.g., portable containers such as drums totes). These conditions include container type, size, configuration (such as whether the container is in contact with the ground or has appropriate secondary containment). For example, according to STI SP001, when portable containers have adequate secondary containment then visual inspection of these containers is acceptable will satisfy the integrity testing requirements of the rule. Pacific Management Services has trained professionals certified in performing integrity testing per the Steel Tank Institute s SP001 inspection stard for aboveground tanks. We are also available for completing the monthly annual inspections as required by your SPCC Plan. The failure to implement your SPCC plan is considered a major noncompliance could result in civil penalties of not less than $50,000. Vol XVIII No. 2 Editor: Jo Hansen 2013, Pacific Management Services Signs of the Times, a service for clients, stakeholders other interested parties, is written by Pacific Management staff, independent consultants policymakers. It has been prepared solely to share general information regarding environmental employee safety news is not intended to constitute legal advice. Pacific Management Services makes no representation about the accuracy, completeness or relevance of this information. For more information, please visit our website at You can reach our corporate office at (559) or pacmansot@pacificmgt.com

3 Febuary 1, Page 3 Effective Completion Date Requirement(s) Who December 1, 2013 Train employees on the new label elements safety data sheet (SDS) format. Employers Compliance with all modified provisions of this June 1, 2015 final rule, except: December 1, 2015 June 1, 2016 Transition Period to the effective completion dates noted above The Distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label Update alternative workplace labeling hazard communication program as necessary, provide additional employee training for newly identified physical or health hazards. May comply with either 29 CFR (the final stard), or the current stard, or both Chemical manufacturers, importers, distributors employers Employers Chemical manufacturers, importers, distributors, employers The table shown above is OSHA s implementation schedule for the New Hazard Communication Stard ( ) with the Globally Harmonized System (GHS) Revisions. Make sure the December 1, 2013 training deadline does not sneak up on you! Pacific Management Services has training material available. continued from page 2... Communication Stard (HCS) to adopt the GHS to improve safety health of workers through more effective communications of chemical hazards. Since it was first promulgated in 1983, the HCS has provided employers employees extensive information about the chemicals in their workplaces. The original stard is performance-oriented, allowing chemical manufacturers importers to convey information on labels material safety data sheets in whatever format they choose. While the available information has been helpful in improving employee safety health, a more stardized approach to classifying the hazards conveying the information will be more effective, provide further improvements in American workplaces. The GHS provides such a stardized approach, including detailed criteria for determining what hazardous effects a chemical poses, as well as stardized label elements assigned by hazard class category. This will enhance both employer worker comprehension of the hazards, which will help to ensure appropriate hling safe use of workplace chemicals. In addition, the safety data sheet requirements establish an order of information that is stardized. The harmonized format of the safety data sheets will enable employers, workers, healthcare professionals, emergency responders to access the information more efficiently effectively, thus increasing their utility. Adoption of the GHS in the US around the world will also help to improve information received from other countries since the US is both a major importer exporter of chemicals, American workers often see labels safety data sheets from other countries. The diverse sometimes conflicting national international requirements can create confusion among those who seek to use hazard information effectively. For example, labels safety data sheets may include symbols hazard statements that are unfamiliar to readers or not well understood. Containers may be labeled with such a large volume of information that important statements are not easily recognized. Given the differences in hazard classification criteria, labels may also be incorrect when used in other countries. If countries around the world adopt the GHS, these problems will be minimized, chemicals crossing borders will have consistent information, thus improving communication globally. Have Pacific Management Services prepare implement your GHS Compliant Hazard Communication Program before the December 2013 deadline!

4 Febuary 1, Page 4 Hazardous Waste Generator Status Dubunked If the Generator: Accumulation Starts: Accumulation Time Limit is: Produces more than 1,000 kilograms (2,200 pounds) per month for all hazardous waste generated onsite. any hazardous waste (Title 22, CCR, section (b)(2)). 90 days (Title 22, CCR, section (a)). Produces more than 100 kilograms (220 pounds) less than 1,000 kilograms (2,200 pounds) per month for all hazardous waste generated onsite; or, less than 1 kilogram of acutely or extremely hazardous waste. The total amount of hazardous waste accumulated at any one time can never exceed 6,000 kilograms (13,200 pounds) Produces less than 100 kilograms (220 pounds) per month for all hazardous waste generated onsite; or less than 1 kilogram of acutely or extremely hazardous waste per month. any hazardous waste (Title 22, CCR, section (b)(2)). The day 100 kilograms (220 pounds) of hazardous waste or 1 kilogram of acutely or extremely hazardous waste is accumulated (Health Safety Code section (c)). 180 days or 270 days if the distance to the treatment or disposal facility is more than 200 miles. Any quantity of acutely or extremely hazardous waste must be removed in 90 days ( Title 22, CCR, section (d)). There is no accumulation time limit for generators of not more than 100 kg/month that are not using the satellite accumulation area who have not yet accumulated 100 kg (220 pounds) of hazardous waste (or one quart of extremely or acutely hazardous waste). (HSC section (c)) Three days after 55 gallons of hazardous waste (or one-quart of acutely or one quart of extremely hazardous waste) is accumulated. Then the generator must move the hazardous waste container to a 90-day accumulation area. The maximum time hazardous waste can be accumulated onsite including at the satellite accumulation area is one year (T22, CCR, section (e)) Accumulates hazardous waste at the initial point of accumulation in a satellite accumulation area. any hazardous waste. Three days after 55 gallons of hazardous waste (or one-quart of acutely or one quart of extremely hazardous waste) is accumulated. Then the generator must move the hazardous waste container to a 90-day accumulation area. The maximum time hazardous waste can be accumulated onsite including at the satellite accumulation area is one year (HSC, section (d)). Accumulates hazardous waste at a laboratory accumulation area. (Health Safety Code section ) any hazardous waste. Three days after 55 gallons of hazardous waste (or one-quart of acutely or one quart of extremely hazardous waste) is accumulated. Then the generator must move the hazardous waste container to a 90-day accumulation area. The maximum time hazardous waste can be accumulated onsite including at the satellite accumulation area is one year (HSC, section (d)).

5 Febuary 1, Page 5 Top OSHA Violations in 2012 The following were the top 10 most frequently cited stards in fiscal year 2012 (October 1, 2011 through September 30, 2012): 1. Fall protection, construction (29 CFR ) 2. Hazard communication stard, general industry (29 CFR ) 3. Scaffolding, general requirements, construction (29 CFR ) 4. Respiratory protection, general industry (29 CFR ) 5. Control of hazardous energy (lockout/tagout), general industry (29 CFR ) 6. Powered industrial trucks, general industry (29 CFR Electrical, wiring methods, components equipment, general industry (29 CFR ) 8. Ladders, construction (29 CFR ) 9. Machines, general requirements, general industry (29 CFR ) 10. Electrical systems design, general requirements, general industry (29 CFR ) Hazardous Waste Tanks: DTSC Requires Daily Tank Inspection Hazardous waste may be accumulated onsite in generator accumulation units (containers, tanks, drip pads, or containment buildings) only in compliance with the applicable time limits specified in Health & Saf. Code, section (90 days, 180 days, 270 days or 365 days). (Section ) If hazardous waste is accumulated in containers, a generator must comply with Title 22, Cal. Code Regs., division 4.5, chapter 15, article 9 (Use Management of Containers). These requirements include: (a) Placing containers holding ignitable or reactive wastes at least 15 meters (50 feet) from the facility s property line. (Section ) (b) Not placing incompatible waste streams into the same container. (Section ) (c) Separating a container holding a hazardous waste that is incompatible with any waste or other materials transferred or stored nearby in other containers, piles, open tanks, or surface impoundments from the other materials or protecting them by means of a dike, berm, wall, or other device. (Section ) Maintain all containers so that they are: Post Form 300A Today! Reminder: The Log 300A must be completed posted beginning February 1. This form contains a summary of the total number of jobrelated injuries illnesses that occurred during the previous year. Employers are required to post only the summary (Form 300A) not the Form 300 (Log) from February 1 to April 30. The summary must list the total number of job-related injuries illnesses that occurred in the previous year were logged on the Form 300 (Log). Companies with no recordable injuries or illnesses in the previous year must post the summary with zeros on the total line. A company executive must certify all establishment summaries. The form is to be displayed in a common area where notices to employees usually are posted. Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers, employees who do not report to any fixed establishment on a regular basis. (Credit: CalChamber Alert 1/18/13) (a) in good condition (Section ); (b) compatible with contents (Section ); (c) closed, except when adding or removing hazardous waste (Section ); (d) managed to avoid rupture or leaks (Section ); (e) inspected weekly (Section ); (f) properly labeled (Section ). DTSC does not require secondary containment for a generator s hazardous waste containers, local codes may require it. If hazardous waste is accumulated in tanks, a generator must comply with Title 22, Cal. Code Regs., division 4.5, chapter 15, article 10 (Tank Systems Stards) except for Sections (c) These requirements include maintaining all tanks so that the tanks are: (a) inspected daily (Section ); (b) properly labeled (Section ); (c) designed to hold hazardous waste not collapse or leak. (Section ) Most tanks tank systems must have secondary containment. Secondary containment can include a liner, vault or double-walled tank. Appurtenances also must be contained. Secondary containment needs to be certified by a professional engineer registered in California. (Section ) If hazardous waste is placed on drip pads, the generator must comply with Title 22, Cal. Code Regs., division 4.5, chapter 15, article 17.5 (Drip Pads) maintain the following records at the facility: (a) a description of procedures that will be followed to ensure that all wastes are removed from the drip pad associated collection system at least once every 90 days; (b) documentation of each waste removal, including the quantity of waste removed, the sump or collection system the date time of removal.

6 Febuary 1, Page 6 QuickTakes The I don t have time to read your newsletter abridged version